LB 


IRLF 


SCHOOL  LAWS 


OF 


OKLAHOMA 


1915 


GIFT  OF 


^ 


SCHOOL  LAWS 
OF  OKLAHOMA 


1915 


This  Book  Is  the  Property  of  School  District  No 

of County,  and  Must  Be  Delivered 

"by  the  Clerk  to  His  Successor  in  Office. 


WARDEN  COMPANY,  OKLAHOMA  CITY 


0-- 


Letter  of  Endorsement  and  Instructions 


To  School  Superintendents,  Officers  and  Teachers: 

This  volume  contains,  in  correct  form,  the  laws  of  the  State  of  Oklahoma 
relating  to  the  public  schools.  Articles  1  to  17,  inclusive,  contain  the  school 
code  enacted  by  the  Fourth  Legislature,  same  being  Articles  1  to  17  of  Chap- 
ter 219,  Session  Laws  1913,  as  amended  by  the  Fifth  Legislature.  The  other 
articles  herein  are  copied  from  the  Eevised  Laws  of  Oklahoma  1910,  and  Acts 
of  the  Fifth  Legislature.  The  sections  are  numbered  consecutively.  The  num- 
bers in  parenthesis  at  the  end  of  the  section  refer  to  the  section  numbers  in 
the  Session  Laws  or  the  statutes. 

It  is  our  purpose  to  have  a  sufficient  number  of  these  laws  printed  to  fur- 
nish a  copy  to  the  clerk  of  each  school  district  as  well  as  a  copy  to  each 
teacher.  The  board  members  are  cautioned  to  preserve  their  copy  of  the  laws 
and  turn  same  over  to  their  successors  with  all  other  records  of  the  district. 

We  insist  that  each  one  familiarize  himself  with  the  provisions  of  the 
school  laws  as  contained  herein  and  not  rely  upon  former  impressions  of  what 
the  law  is.  The  Topical  Index  refers  you  to  the  particular  sections  relating 
to  the  duties  of  the  different  officers.  This  index  should  be  referred  to  fre- 
quently and  all  the  provisions  of  the  law  carefully  observed.  In  cases  where 
the  meaning  of  the  law  is  not  clear  to  you  the  matter  should  be  referred  to 
your  county  superintendent,  who  will  consult  with  the  county  attorney.  If 
your  county  superintendent  and  the  county  attorney  cannot  agree  upon  the 
construction  or  meaning  of  the  law,  they  should  submit  the  question  to  this  de- 
partment, stating  clearly  the  issue  involved.  Upon  receipt  of  the  request,  made 
by  the  county  superintendent  or  the  county  attorney,  we  will  submit  the  matter 
to  the  attorney  general  for  his  opinion,  which  will  be  furnished  immediately. 
In  no  case  should  teachers  or  school  officers  write  to  this  department  on  prop- 
ositions of  law  without  first  consulting  the  county  superintendent  and  the 
county  attorney.  Letters  asking  for  a  construction  of  the  school  law  must 
be  written  to  this  department  and  not  to  the  attorney  general.  See  section  5 
of  this  pamphlet.  Eespectfully  submitted, 

R.  H.  WILSON, 

State  Superintendent  of  Public  Instruction. 
Oklahoma  City,  May  15;  '1914          •    •  »'i    -  *    . 
'If,   *          W  I  !•'. 


TOPICAL     INDEX 


Duties  of  State  Superintendent. 
General    duties Sections    1-     11 

To  hear  appeal  from  joint  districts Section     49 

To  report    scholastic    enumeration .Section  176 

Member    of    agricultural    commission Section  177 

To    direct    agricultural   instruction Section  179 

To  assign  teachers  to  work  in  normal  institutes Section  193 

To  approve  contracts  for^normal  institutes Section  199 

Duties  of  County  Superintendent. 

General   duties Sections   12-  32 

To  form  joint  districts Section  48 

To   approve   teachers    contracts Section  66 

To  act  with  board  in  dismissing  teacher <. — Section  66 

To  change  boundary  of  city  districts Section  94 

To  call  meeting  to  form  consolidated  district Section  139 

To  call  meeting  to  form  union  graded  district Section  158 

To  declare  districts  disorganized Sections  140-  156 

To  furnish  supplies  for  taking  scholastic  enumeration Section  168 

To  report  scholastic  enumeration Section  175 

To  report  to  agricultural   commission Section  180 

To  conduct  examination  for  entrance  to  A.  &  M.  College Section  187 

To  hold  normal  institutes Section  191 

May  hold  teachers'   training   course Section  192 

To  determine  time  and  place  for  teachers'  training  course Section  194 

To  report   normal  institute Section  197 

To  disburse  normal  institute  fund Section  199 

To  require  subjects  taught Sections  92-  200 

Not  to  receive  compensation  for  normal  institute  work Section  201 

May   hold   joint   normals Section  202 

To  report  to   state   superintendent Section  204 

To  furnish   free    textbooks,    certain    cases Section  213 

To  issue  scholarships Section  214 

To  serve  as  member  of  examining  board * Section  224 

To  give  notice   of  examination   dates Section  225 

To  renew   certificates Section  230 

Shall   make   requisition   for    questions Section  237 

To  endorse    certificates ? Section  231 

To  issue  temporary  certificates Section  233 

To  collect  fees  for  examination Section  240 

May    revoke    certificates Section  241 

To  designate   separate  schools Section  244 

To  transfer   pupils    to    separate   schools Section  251 

To  report   to   county   commissioners Section  252 

To  employ  teachers  for  separate  schools ~- Section  254 

To  transfer  pupils  and  funds Sections  262-  264 

To  enforce    certain    provisions Section  281 

To  report  estimate  for  books  and  supplies -.Section  320 

To  approve   child  employment  certificate Section  421 

Duties  of  School  District  Boards. 

General  duties i Sections  50-     92 

To  employ    and    dismiss    teachers Section     66 

3 


308895 


To  provide  supplies Section     67 

To  take  scholastic  enumeration Section  168 

To  appoint   scholastic  enumerators Section  170 

To  report   scholastic  enumeration Section  175 

To  determine   disability  from   compulsory   attendance Section  211 

To  make  complaint   of  non-attendance Section  212 

To  issue    scholarships Section  214 

To  provide  library  fund  and  purchase  books Section  272-  273 

To  own  flag  for  schoolhouse Section  274 

Shall  not  appoint    relative Section  286 

Shall  not  vote  for  relative  of  another  board  member Section  288 

Shall  enforce  provisions  prohibiting  secret  societies Section  292 

May    suspend    pupils. Section  293 

Not  to  purchase  unauthorized  books  and  supplies Section  313 

To  make  estimate  of  books  and  supplies Section  320 

Shall  not  prevent  use  of  adopted   books Section  322 

Shall  not  issue  warrants  to  certain  persons ' Section  335 

Shall  make  estimate  for  tax  levy Section  339 

Shall  issue  warrants  in  numerical  order Section  341 

Instructions  for  issuing  warrants Section  348 

Issuance  of  certain  warrants  prohibited Section  351 

Certain    contracts    prohibited Section  353 

To    provide    fire    escapes Section  355 

Duties  of  Teachers. 

To  teach  certain  subjects Sections  33,  90,  178,  278,  279 

To  report    absentees Section  212 

To  enforce   separate    school   law Section  245 

To  display    flag Section  274 

Not   to   teach   sectarianism Section  275 

To  enforce  certain  provisions Sections  281-  282 

To  observe    arbor    day Section  284 

Not  to  purchase  unauthorized  supplies Section  313 

Shall  use  adopted  books  and  supplies Section  322 

To  make  certain  reports  to  county  superintendent Section  181 


ARTICLE  I. 

State  Superintendent. 


Section  1.  Supervisory  Powers:  The  educational  interests  of  the  state 
shall  be  under  the  supervision  and  management  of  the  state  superintendent  of 
public  instruction,  subject  to  such  limitations  and  restrictions  as  are,  or  may  be, 
prescribed  by  law;  and  he  shall  have  and  exercise  the  powers  and  perform  the 
duties  pertaining  to  such  office.  (1.) 

Section  2.  Official  Bond:  Before  entering  upon  the  duties  of  his  office, 
the  state  superintendent  of  public  instruction  shall  execute  a  bond  to  the 
state,  with  good  and  sufficient  sureties,  to  be  approved  by  the  governor,  in 
the  penal  sum  of  five  thousand  dollars.  (2.) 

Section  3.  Office  and  Repository:  Such  superintendent  shall  have  an  of- 
fice at  the  seat  of  government,  where  he  shall  keep  all  books  and  papers  per- 
taining to  the  duties  of  his  office,  and  all  apparatus,  maps  and  charts  belonging 
to  the  office  of  the  state  superintendent,  and  such  as  may  hereafter  be  received 
for  such  office  by  purchase,  exchange,  or  otherwise,  shall  be  kept  and  preserved 
in  such  office  and  delivered  by  the  superintendent  to  his  successor.  He  shall 
file  and  carefully  pres.erve  in  his  office  the  official  reports  made  to  him  by  the 
county  superintendents  of  public  instruction  for  the  several  counties,  trustees, 
or  other  directors  of  academies,  graded  schools  or  colleges.  (3.) 

Section  4.  Shall  Give  Notice  of  State  Apportionment:  Such  state  superin- 
tendant  shall  notify  the  county  superintendents  of  public  instruction  of  the 
semi-annual  apportionment  of  the  income  of  the  state  school  fund  and  the 
annual  taxes  collected  by  the  state  from  which  proper  reports  have  been  re- 
ceived by  said  state  superintendent.  (4.) 

Section  5.  Shall  Give  Written  Opinions:  Such  superintendent  shall,  at  the 
request  of  any  county  or  city  superintendent  of  public  instruction,  give  his 
opinion  upon  a  written  statement  of  facts  on  all  questions  and  controversies 
arising  out  of  the  interpretation  and  construction  of  the  school  laws  in  regard 
to  the  rights,  powers  and  duties  of  district  and  city  boards,  school  officers  and 
county  superintendents  of  public  instruction,  and  shall  keep  a  record  of  all 
such  opinions.  Before  giving  any  opinion  which  involves  the  construction  of 
the  school  law,  the  state  superintendent  shall  submit  the  statement  of  facts  to 
the  attorney  general  forthwith,  for  his  opinion  thereon.  (5.) 

Section  6.  Compile  and  Publish  School  Laws:  Such  superintendent,  not 
more  than  once  in  two  years,  shall  publish  the  school  laws  in  force,  with 
such  forms,  regulations,  instructions  and  decisions  as  he  may  judge  expedient 
thereto  annexed,  and  shall  cause  the  same  to  be  forwarded  to  the  persons  en- 
titled to  receive  them.  He  shall  prescribe  and  cause  to  be  prepared  all  forms 
and  blanks  necessary  in  the  details  of  the  public  school  system,  so  as  to  secure 
its  uniform  operation  throughout  the  state,  and  shall  cause  the  same  to  be  for- 
warded to  the  several  county  and  city  superintendents  of  public  instruction,  to 
be  by  them  distributed  to  the  several  persons  or  officers  entitled  to  receive 
the  same.  (6.) 

Section  7.  Biennial  Eeport:  The  state  superintendent  shall,  on  the  first 
day  of  December  preceding  each  regular  session  of  the  legislature,  make  out 
and  deliver  to  the  governor  a  report  containing:  First,  a  statement  of  the  num- 
ber of  public  schools  in  the  state,  the  number  of  pupils  attending  the  same, 
and  their  sex;  a  statement  of  the  number  of  private  schools  in  the  state,  so 
far  as  can  be  ascertained,  the  number  of  pupils  attending  the  same,  and 
their  sex;  a  statement  of  the  normal  schools  in  the  state,  and  the  number  of 

5 


students  attending  them;  the  number  of  academies  and  colleges  in  the  state, 
the  ni'inbk];  "of  students  ar;d..lheir;  sex  attending  them;  and  such  other  matters 
of  in-teicsl  as  "lie  may  'dvetr:'.  expedient,  drawn  from  the  reports  of  the  county 
superintendents  of  public  instruction  in  the  several  counties  of  the  state,  and 
from  other  reports  received  on  the  subject  of  education  from  the  trustees  or 
other  school  boards  within  the  state.  Second,  a  statement  of  the  condition  of 
the  public  school  funds  of  the  state,  including  moneys,  school  lands,  or  other 
property  held  in  trust  by  the  state  for  the  support  of  public  schools  and  giv- 
ing a  full  statement  of  the  school  lands  accounts  of  each  county.  Third,  a 
statement  of  the  receipts  and  expenditures  of  the  department  for  the  past 
two  years.  Fourth,  a  statement  of  plans  for  the  management  and  improvement 
of  public  schools,  and  such  other  information  relating  to  the  educational  in- 
terests of  the  state  as  he  may  deem  expedient.  (7.) 

Section  8.  Moral  and  Illegal  Offenses  to  Be  Reported:  Upon  the  written 
complaint  of  any  person  stating  that  any  instructor  or  person  employed  in 
any  state  or  county  educational  institution  is  guilty  of  any  offense  involving 
moral  turpitude  or  that  said  person  has  been  guilty  of  obtaining  money  or 
anything  else  of  value  from  any  person  and  has  not  rectified  same  to  the 
satisfaction  of  the  injured  person,  the  state  superintendent  of  public  instruc- 
tion shall  take  cognizance  of  same  and  take  such  steps  as  will  be  necessary 
to  protect  the  patrons  of  said  school  and  the  citizens  where  said  institution 
is  located.  (8.) 

Section  9.  Certificates:  The  state  superintendent  of  public  instruction  may 
issue  teachers'  certificates,  valid  for  two  years,  to  all  students  who  graduate 
from  district  agricultural  schools  or  from  fully  accredited  high  schools,  when 
such  schools  have  satisfied  the  said  state  superintendent  that  the  course  of  study 
completed  by  the  students  desiring  such  certificates  is  equivalent  to  a  four  years' 
high  school  fully  accredited  with  the  State  University,  and  that  the  said  schools 
have  sufficient  equipment  for  teaching  agriculture,  domestic  science  and  man- 
ual training,  and  that  the  students  have  completed  such  a  course  in  phychology 
and  the  science  of  teaching  as  the  said  state  superintendent  may  prescribe. 
Certificates  so  issued  shall  license  the  holder  to  teach  in  any  of  the  common 
schools  in  Oklahoma  for  a  period  of  two  years.  (S.  B.  364,  chap.  114,  L.  1915.) 

Section  10.  Same:  Any  graduate  of  any  college  organized  under  the  laws  of 
the  State  of  Oklahoma,  and  operated  in  the  State  of  Oklahoma,  requiring  a 
four  years'  college  course  for  graduation,  and  which  has  entrance  requirements 
equivalent  to  a  four  years'  high  school  course,  and  maintaining  a  course 
in  education  equivalent  to  the  course  of  education  in  the  University  of  Okla- 
homa, said  course  to  be  approved  by  the  state  board  of  education,  shall,  upon 
application  to  the  state  superintendent  of  public  instruction,  and  making  proof 
of  graduation  from  any  such  college  and  the  completion  of  said  course  of  study, 
be  granted  a  life  high  school  certificate  of  the  same  rank  as  is  granted  to  the 
graduates  of  the  State  University  for  the  same  class  of  work.  (Sec  1  H  B 
556,  Ch.  66,  L.  1915.) 

Section  11.  Credits:  When  any  such  college  as  referred  to  in  Sec.  1,  of  this 
act,  has  established  its  course  of  study  and  the  same  has  been  approved  by  the 
state  board  of  education,  any  credit  made  in  such  college,  which  would  entitle 
the  holder  thereof  to  graduation  in  that  subject,  may  be  substituted  within 
three  years  from  the  time  the  credit  is  granted,  in  lieu  of  an  examination  on 
that  subject  on  any  teachers'  certificate.  (Sec  2,  H.  B.  556,  Ch.  66,  L.  1915.) 


ARTICLE  II. 

County  Superintendent, 


Section  12.  Qualifications,  Term  and  Manner  of  Election:  There  is  hereby 
created  the  office  of  county  superintendent  of  public  instruction  for  each 
county  in  Oklahoma,  which  office  shall  be  filled  as  hereinafter  provided  by 
election  and  appointment,  and  when  elected  shall  be  elected  at  the  same  time 
as  county  officers,  and  in  the  same  manner  as  other  county  officers,  and  his 
term  of  office  shall  be  for  a  period  of  two  years,  or  until  his  successor  is 
elected  and  qualified.  His  term  shall  begin  July  1st,  after  his  election:  Pro- 
vided, that  no  person  shall  be  eligible  to  such  office  of  county  superintendent 
unless  he  shall  be  the  holder  of  a  county  first  grade  certificate.  (1.) 

Section  13.  Vacancy:  When  a  vacancy  occurs  in  the  office  of  county 
superintendent  of  public  instruction  by  death,  resignation  or  otherwise,  notice 
thereof  shall  be  given  by  the  county  clerk  to  the  board  of  county  commission- 
ers, who  shall,  as  soon  as  practicable,  appoint  some  suitable  qualified  person  to 
fill  the  vacancy;  and  the  person  receiving  appointment  shall,  before  entering 
upon  the  discharge  of  the  duties  of  his  office,  file  his  oath  or  affirmation  and 
bond  in  the  county  clerk's  office,  as  herein  provided,  and  shall  hold  his  office 
until  his  successor  is  elected  and  qualified.  (2.) 

Section  14.  Bond:  The  county  superintendent  of  public  instruction  shall, 
before  he  enters  upon  the  duties  of  his  office,  take  and  subscribe  to  the  con- 
stitutional oath  of  office  and  execute  to  the  state  of  Oklahoma  a  bond  in  the 
sum  of  one  thousand  dollars,  conditioned  to  the  faithful  performance  of  his 
duty;  which  bond,  after  having  been  approved  by  the  board  of  county  com- 
missioners, together  with  his  official  oath,  shall  be  filed  in  the  office  of  the 
county  clerk.  (3.) 

Section  15.  General  Duties:  It  shall  be  the  duty  of  the  county  superin- 
tendent of  public  instruction  to  visit  each  school  in  his  county  at  least  once 
in  each  term  of  six  months,  correcting  any  deficiency  that  may  exist  in  the 
government  of  the  school,  the  classification  of  the  pupils,  or  the  method  of  in- 
struction in  the  several  branches  taught,  to  make  such  suggestions  in  private  to 
the  teachers  as  he  shall  deem  proper  and  necessary  to  the  welfare  of  the 
school;  to  note  the  character  and  condition  of  the  school  house,  furniture,  ap- 
paratus and  grounds,  and  make  a  report  in  writing  to  the  district  school  board, 
making  such  suggestions  as  in  his  opinion  shall  improve  the  same;  to  examine 
the  accounts  and  record  books  of  the  district  officers,  and  see  that  they  are 
kept  as  required  by  law;  to  encourage  the  formation  of  associations  of  teachers 
and  educators  for  mutual  improvement,  and,  as  far  as  possible,  to  attend  the 
meetings  of  such  associations  and  participate  in  the  exercises  of  the  same;  to 
attend  the  normal  or  teachers'  training  course  held  in  his  county,  using  his  in- 
fluence to  secure  the  attendance  of  teachers;  to  make  daily  personal  inspection 
of  the  work  of  the  institute  in  session,  and  to  keep  a  record  of  the  same  in  his 
office  and  do  such  work  in  connection  with  the  exercises  of  the  institute  as  he 
may  deem  necessary;  to  hold  a  public  meeting  in  each  school  district  of  his 
county  at  least  once  every  year  for  the  purpose  of  discussing  school  questions 
and  elevating  the  standard  of  education;  to  keep  his  office  open  at  the  county 
seat  Saturday  of  each  week,  and  in  counties  in  which  he  or  she  has  a  clerk  or 
assistant,  said  office  shall  be  kept  open  all  days  of  the  week.  He  shall  keep 
a  complete  record  of  his  official  acts;  a  record  of  the  name,  age  and  postoffice 
address  of  each  candidate  for  a  teacher's  certificate,  with  the  number  of  weeks 
said  candidate  has  attended  a  normal  school  or  institute,  the  number  of  weeks 
he  has  taught,  his  standing  in  each  study  and  the  date  of  issue  and  expiration 
of  each  certificate  granted,  and  a  record  of  all  teacher's  certificates  issued  in 
the  county  or  endorsed  by  him  as  provided  by  law.  He  shall  keep  a  register  of 
the  teachers  employed  in  his  county,  giving  name  of  teacher,  number  of 
district  in  which  he  is  employed,  dates  of  opening  and  closing  of  term,  salary 
per  month,  grade  of  certificate  and  date  of  superintendent's  visit.  He  shall 
keep  a  record  of  the  apportionment  of  the  state  and  county  school  funds,  and 
such  other  statistical  records  as  shall  be  required  in  making  reports  to  the  state 

7 


superintendent  of  public  instruction.     He  shall  keep  in  a  well  bound  book  an 
exact  copy  of  each  annual  report  he  makes  to  the  state  superintendent.     (4.) 

Section  16.  Apportion  School  Funds:  Within  five  days  after  receiving 
the  certificate  of  the  state  superintendent  of  public  instruction  informing  him 
of  the  amount  of  state  school  fund  which  has  been  apportioned  to  his  county, 
such  county  superintendent  shall  apportion  the  same,  together  with  the  unappor- 
tioned  county  school  fund  in  the  county  treasury,  among  the  school  districts 
and  parts  of  districts  in  such  county  in  the  ratio  of  the  number  of  persons  of 
school  age  who  are  entitled  to  receive  the  same,  residing  in  each  district,  or 
part  of  district,  as  shown  by  the  last  annual  report  of  the  several  clerks  of 
such  district  and  parts  of  districts;  provided,  that  no  district  in  which  a  com- 
mon school  has  not  been  taught  for  at  least  three  months  within  the  last  two 
preceding  school  years,  shall  be  entitled  to  receive  any  portion  of  said  funds, 
and  he  shall  draw  his  order  on  the  county  treasurer  in  favor  of  each  of  the 
several  school  districts  for  the  amount  apportioned  to  such  district.  (Sec.  1, 
H.  B.  290,  chap.  250,  L.  1915.) 

Section  17.  Report  to  County  Clerks  and  Assessors:  It  shall  be  the  duty 
of  the  county  superintendent  of  public  instruction,  on  or  before  the  first  day  of 
January  of  each  year,  to  furnish  the  clerk  and  assessor  of  the  county  a  descrip- 
tion of  the  boundary  of  each  and  every  school  district,  and  part  of  district,  in 
each  county.  (6.) 

Section  18.  Annual  Report:  He  shall,  on  or  before  the  first  day  of  Sep- 
tember of  each  year,  make  out  and  transmit  in  writing  to  the  state  superin- 
tendent of  public  instruction  a  report  bearing  date  of  September  1st,  contain- 
ing a  statement  of  the  number  of  school  districts,  or  parts  of  districts,  in  the 
county,  the  number  of  children  resident  in  each  over  the  age  of  six  and  under 
the  age  of  twenty-one  years,  and  their  sex;  a  statement  of  the  number  of  dis- 
trict schools  in  the  county,  the  length  of  time  school  has  been  taught  in  each, 
the  number  of  scholars  attending  the  same,  and  their  sex;  the 
number  of  teachers  employed  in  the  same  and  their  sex;  a  statement  of  the 
number  of  private  or  select  schools  in  the  county,  so  far  as  the  same  can  be 
ascertained,  and  the  number  of  teachers  employed  in  same,  their  sex,  and  the 
branches  taught;  a  statement  of  the  number  of  graded  schools  in  the  county,  the 
length  of  time  school  has  been  taught  in  each,  and  the  number  of  scholars  at- 
tending the  same,  with  the  number  of  teachers  employed  in  the  same,  and  their 
sex;  a  statement  of  the  condition  of  the  normal  school  where  such  school  has 
been  established,  the  number  of  students  attending  the  same,  their  sex  and  the 
number  of  teachers  employed  in  the  same  and  their  sex;  a  statement  of  the 
county  normal  institute  or  teachers'  training  course;  a  statement  of  the  number 
of  colleges  and  academies  in  the  county,  and  the  number  of  students  attending 
the  same,  their  sex,  the  number  of  teachers  employed  in  each  and  their  sex; 
a  statement  of  the  amount  of  public  money  received  in  each  district,  or  part 
of  district,  and  what  portion  of  the  same,  if  any,  has  been  apportioned  to  the 
support  of  graded  schools;  a  statement  of  the  amount  of  money  raised  in  each 
district  by  tax  and  paid  for  teachers'  wages;  the  amount  of  money  raised  by 
tax,  or  otherwise,  for  the  purpose  of  purchasing  school  site,  for  building,  hiring, 
purchasing,  repairing,  furnishing  or  insuring  the  school  house  or  for  any 
other  purpose  allowed  by  law  in  the  district,  or  parts  of  districts;  and 
such  other  reports  as  the  state  superintendent  may  require  from  time  to 
time.  (7.) 

Section  19.  Vacancy  in  District  Board:  Should  a  vacancy  occur  in  the 
board  of  directors  of  any  school  district,  it  shall  be  the  duty  of  the  county 
superintendent  to  appoint  some  suitable  qualified  person,  resident  of  the  district, 
to  fill  the  same.  The  person  so  appointed  shall  continue  in  office  for  the  un- 
expired  term.  (8.) 

Section  20.  Audit  Reports:  He  shall  see  that  the  annual  reports  of  the 
clerks  and  teachers  of  the  several  school  districts,  and  parts  of  districts,  in 
his  county  are  made  correctly  and  in  due  time,  and  shall  have  power  to  admin- 
ister oaths  in  all  cases  in  which  an  oath  in  made  necessary  by  any  provision  of 
the  school  law,  except  in  the  qualifying  of  county  superintendents  and  their 
sureties.  (9.) 

8 


Section  21.  Purchase  Supplies:  The  county  superintendent  of  public  in- 
struction of  the  respective  counties  in  this  state  may  purchase  each  year,  for 
each  organized  school  district  in  his  county,  not  having  sufficient  records,  one 
set  of  school  district  records,  consisting  of  district  clerk's  records  and  other  books 
and  a  teachers'  daily  register  and  records;  each  of  said  books  shall  contain 
such  printed  forms  and  instructions  as  will  enable  the  teacher  and  the  school 
district  officers  to  perform  with  correctness  and  accuracy  their  several  duties 
as  required  by  law:  Provided,  that  no  purchase  shall  be  made  except  upon 
written  requisition  of  the  school  district  clerk,  and  each  set  of  records  shall 
not  exceed  in  cost  four  dollars;  and  the  said  superintendent  shall  draw  his 
order  or  warrant  on  the  county  treasurer  in  favor  of  the  person  he  purchased 
said  books  of,  for  the  amount  of  the  purchase  money,  and  it  is  hereby  made 
the  duty  of  said  treasurer  to  pay  the  warrant  or  order  out  of  any  money 
in  his  hands  belonging  to  the  respective  districts  in  his  county:  Provided, 
further,  that  no  funds  in  the  hands  of  the  county  treasurer  belonging  to  the 
several  school  districts  of  his  county,  shall  be  diverted  from  the  object  from 
which  said  fund  was  raised,  and  said  superintendent  shall  deliver  said  books 
to  the  clerk  of  the  school  board  of  said  district  and  take  his  receipt  therefor 
as  his  voucher.  (10.) 

Section  22.  Formation  of  Districts:  It  shall  be  the  duty  of  the  county 
superintendent  of  public  instruction  to  divide  the  county  into  a  convenient 
number  of  school  districts  and  to  change  such  districts  when  the  interests  of 
the  people  may  require  it,  by  making  them  conform  to  existing  topographical 
or  physical  conditions;  but  only  after  twenty  days'  notice  thereof,  by  written 
notice  posted  in  at  least  five  public  places  in  the  district,  or  districts,  so 
affected;  but  no  district  shall  be  formed  from  other  organized  district  contain- 
ing less  than  nine  square  miles  of  area  and  an  assessed  valuation  of  less  than 
fifty  thousand  dollars,  and  fewer  than  eight  persons  between  the  ages  of  six 
and  twenty  years;  and  no  district  having  a  bonded  indebtedness  shall  be  so 
changed  that  such  indebtedness  shall  exceed  five  per  cent  of  the  assessed  valu- 
ation of  such  district.  No  school  district  shall  be  reduced  to  an  area  of  less 
than  nine  square  miles.  No  district  shall  be  changed  under  the  provisions  of 
this  section,  except  upon  a  petition  to  the  county  superintendent  of  public  in- 
struction, signed  by  at  least  one-third  of  the  qualified  electors  of  the  district 
petitioning  for  the  change:  Provided,  that  one-fourth  of  the  qualified  electors 
of  any  district  affected  by  such  change  may  join  in  an  appeal  to  the  board  of 
county  commissioners  from  the  action  of  such  county  superintendent,  and  their 
decision  shall  be  final:  Provided,  further,  that  notice  of  such  appeal  shall  be 
served  on  such  county  superintendent  within  ten  days  after  the  time  of  post- 
ing the  formation  or  alteration  of  such  district.  Such  notice  shall  be  in  writ- 
ing, and  shall  state  fully  the  objections  to  the  action  of  such  county  superin- 
tendent, a  copy  of  which  shall  be  filed  with  the  county  clerk  and  also  with 
the  clerks  of  all  the  districts  affected  by  such  alteration,  and  such  appeal 
shall  be  heard  and  decided  by  a  majority  of  the  board  of  county  commissioners 
at  their  next  regular  meeting,  and  if  such  appeal  is  not  sustained  by  them, 
such  county  superintendent  shall  proceed  to  appoint  the  time  and  place  for 
said  first  district  meeting,  which  shall  then  proceed  as  required  by  law.  Such 
superintendent  shall  number  school  districts  when  they  are  formed,  and  he 
shall  keep  in  a  book  for  that  purpose  a  description  of  the  boundaries  of  each 
school  district,  and  part  of  district,  in  his  county,  with  a  plat  of  same,  date 
of  organization,  date  and  full  record  of  all  changes  of  boundaries  and  a  list 
of  district  officers  in  his  county,  the  date  of  election  or  appointment,  and  the 
time  the  term  of  each  is  to  expire.  (11.) 

Section  23.  Not  to  Affect  Separate  Districts:  The  provisions  of  this 
article  shall  not  be  constaued  as  limiting  the  operation  of  law  providing  for 
the  formation  of  separate  districts  for  white  and  colored  children,  but  the  for- 
mation of  any  district  under  such  law  shall  be  construed  to  be  the  formation 
of  a  new  district  with  like  effect  as  though  such  new  district  was  formed  in 
territory  unorganized  for  school  purposes.  (12.) 

Section  24.  Notice  of  Formation:  When  a  school  district  shall  be  formed 
in  any  county,  the  county  superintendent  of  public  instruction  of  such  county 
shall,  within  fifteen  days  thereafter,  prepare  a  notice  of  the  formation  of  such 
district,  describing  its  boundaries  and  stating  the  number  thereof.  He  shall 
cause  the  notices  thus  prepared  to  be  posted  in  at  least  five  public  places  in 


the  district,  and  in  case  there  shall  be  no  appeal,  shall  in  ten  days  thereafter 
in  like  manner,  appoint  a  time  and  place  for  special  district  meeting  for  the 
election  of  officers  and  the  transaction  of  such  business  as  is  prescribed  by 
law  for  regular  school  district  meetings.  (13.) 

Section  25.  Employment  of  Clerk:  The  county  superintendent  of  public 
instruction  in  counties  having  a  population  of  more  than  fifteen  thousand,  and 
not  more  than  twenty-five  thousand,  may,  with  the  consent  of  the  county  com- 
missioners, expend  for  clerk  hire  not  to  exceed  the  sum  of  two  hundred  dollars 
per  annum,  and  in  counties  of  more  than  twenty-five  thousand  and  not  more 
than  forty  thousand  the  county  superintendent  may,  with  the  consent  of  the 
county  commissioners,  expend  for  clerk  hire  not  to  exceed  four  hundred  dollars 
per  annum,  and  in  counties  having  a  population  of  more  than  forty  thousand 
the  county  superintendent  may,  with  the  consent  of  the  county  commissioners, 
expend  for  clerk  hire  not  to  exceed  six  hundred  dollars  per  annum:  Provided, 
that  in  counties  having  a  population  of  more  than  fifteen  thousand  and  not 
more  than  twenty-five  thousand  and  in  which  there  is  conducted  not  less  than 
twenty  separate  or  minority  schools,  the  county  superintendent  may,  with  the 
consent  of  the  county  commissioners,  expend  for  clerk  hire  not  to  exceed  four 
hundred  dollars.  (14,  as  amended  by  S.  B.  164,  Chap.  237,  Session  Laws  1913.) 

Section  26.  Employment  of  Clerk  in  Certain  Counties:  Each  county  super- 
intendent of  public  instruction  of  this  state  in  counties  having  a  population 
of  more  than  twenty-five  thousand,  exclusive  of  cities  of  the  first  class,  and 
in  which  there  is  organized  not  less  than  one  hundred  and  thirty-five  school 
districts,  and  in  which  there  is  conducted  not  less  than  thirty  separate  or 
minority  schools,  may,  with  the  consent  of  the  county  commissioners,  expend 
for  clerk  hire  not  to  exceed  eight  hundred  dollars  per  annum.  (Sec  1,  S.  B. 
211,  chap.  17,  L.  1915.) 

Section  27.  Same:  Each  county  superintendent  of  public  instruction  of 
this  state  in  counties  having  a  population,  as  shown  by  the  present  or  any  fed- 
eral census  hereafter  taken,  of  not  less  than  29,100  and  not  more  than  29,300, 
may,  with  the  consent  of  the  county  commissioners,  expend  for  clerk  hire  not 
to  exceed  six  hundred  ($600.00)  dollars  per  annum.  (Sec  1,  H.  B.  462,  Chap. 
194,  L.  1915.) 

Section  28.  Traveling  Expenses:  Each  county  superintendent  of  public 
instruction  of  this  state  shall  be  allowed  all  actual  and  necessary  traveling 
expenses  while  away  from  home  inspecting  the  schools  of  the  county:  Pro- 
vided, no  expenses  shall  accrue  for  the  inspection  of  a  school  more  than  twice 
annually.  No  such  expense  account  shall  be  paid  except  on  an  itemized  sworn 
statement.  (15.) 

Section  29.  Forfeiture  cf  Office:  Every  county  superintendent  of  public 
instruction  who  shall  neglect  or  refuse  to  perform  any  act  which  it  is  his  duty 
to  perform,  or  shall  corruptly  or  oppressively  perform  such  duties,  shall  forfeit 
his  office  and  be  liable  on  his  official  bond  for  all  damages  occasioned  thereby, 
to  be  recovered  in  the  name  of  the  state  for  the  benefit  of  the  proper  party, 
district  or  county.  (16.) 

Section  30.  Apportion  Debts:  It  shall  be  the  duty  of  such  county  super- 
intendent in  each  county  in  the  state  to  audit  any  outstanding  indebtedness 
that  may  have  been  contracted  by  any  district  prior  to  the  time  such  district 
was  changed,  and  apportion  the  same  to  the  districts  now  comprising  the 
territory  of  such  districts,  taking  as  a  basis  of  apportionment  the  assessed 
valuation  of  property  included  in  the  boundaries  of  said  divided  district  and 
he  shall  apportion  to  each  of  the  districts  which  have  acquired  the  territory 
of  said  divided  district  such  portion  of  said  indebtedness  as  the  assessed 
valuation  of  the  property  of  that  portion  of  the  territory  thus  acquired  bears  to 
the  entire  assessed  valuation  of  such  divided  district.  (17.) 

Section  31.  Dispose  of  Property:  The  county  superintendent  of  public  in- 
struction shall  have  power  to  dispose  of  any  property  which  may  belong  to  any 
such  divided  districts  by  agreement  with  the  district  board  retaining  the  prop- 
erty of  such  divided  district:  Provided,  that  the  funds  arising  from  the 
sale  of  such  property  shall  be  applied  by  such  county  superintendent  to  the 
payment  of  the  indebtedness  of  said  divided  district  or  districts.  (18.) 

10 


Section  32.  Compensation:  The  county  superintendent  of  public  instruc- 
tion shall  receive  an  annual  salary  to  be  paid  monthly  out  of  the  county  treas- 
ury by  order  of  the  county  commissioners  as  follows:  In  counties  having  a  pop- 
ulation of  not  over  eighteen  thousand,  twelve  hundred  dollars;  in  counties  hav- 
ing a  population  over  eighteen  thousand  and  not  over  thirty  thousand 
fourteen  hundred  dollars;  in  counties  having  a  population  of  over  thirty  thou- 
sand and  not  over  forty  thousand,  sixteen  hundred  dollars;  in  counties  having 
a  population  of  over  forty  thousand,  eighteen  hundred  dollars.  (19.) 


ARTICLE  III. 

Common  School  Districts. 


Section  33.  Subjects  Taught:  In  each  and  every  school  district  there 
shall  be  taught  agriculture,  orthography,  reading,  penmanship,  English  grammar, 
physiology  and  hygiene,  geography,  U.  S.  history  and  civics,  arithmetic  and 
such  other  branches  as  may  be  determined  by  the  state  board  of  education: 
Provided,  that  the  instruction  given  in  the  several  branches  taught  shall  be  in 
the  English  language.  (1.) 

NOTE — See  section  153. 

Section  34.  School  Month:  A  school  month  shall  consist  of  four  weeks  of 
five  days  each  of  six  hours  per  day.  (2.) 

Section  35.  District  Organized:  Every  school  district  shall  be  deemed 
duly  organized  when  the  officers  constituting  the  district  board  shall  have  been 
elected  and  qualified  and  shall  have  signified  their  acceptance  to  the  county 
superintendent  of  public  instruction  in  writing,  which  written  notice  such 
superintendent  shall  file  in  his  office.  (3.) 

Section  36.  District  a  Corporation:  Every  school  district  organized  in 
pursuance  of  this  article  shall  be  a  body  corporate,  and  shall  possess  the  usual 
powers  of  a  corporation  for  public  purposes  by  the  name  and  style  of  "School 
District (such  a  number  as  may  be  designated  by  the  county  superintend- 
ent of  public  instruction) county  (the  name  of  the  county  in  which 

the  district  is  situated)  state  of  Oklahoma,"  and  in  that  name  may  sue  and 
be  sued,  and  be  capable  of  contracting  and  being  contracted  with  and  holding 
such  real  and  personal  estate  as  it  may  come  into  possession  of  by  will  or  other- 
wise, or  as  is  authorized.  (4.) 

Section  37.  Division  of  Property  Among  Divided  Districts:  When  a  new 
district  is  formed,  in  whole  or  in  part,  from  one  or  more  districts  possessing  a 
school  house  or  entitled  to  other  property,  the  county  superintendent  of  public 
instruction,  at  the  time  of  forming  such  new  district,  shall  equitably  determine 
the  proportion  of  the  present  value  of  such  school  houses  or  other  property 
justly  due  to  said  new  district.  Such  proportion,  when  ascertained,  shall  be 
levied  upon  the  property  of  the  district  retaining  the  school  house,  or  other 
property,  and  shall  be  collected  in  the  same  manner  as  if  the  same  had  been 
authorized  by  a  vote  of  the  district  for  building  a  school  house,  and  when  col- 
lected, shall  be  paid  to  the  new  district  to  be  applied  towards  procuring  a 
school  house  for  such  district.  (5.)  v 

Section  38.  Annual  Meeting:  An  annual  school  meeting  of  each  school 
district  shall  be  held  on  the  second  Tuesday  of  July  of  each  year,  and  at  such 
places  or  polling  places  as  the  board  may  designate,  beginning  at  two  o'clock 

11 


P.  M.  and  closing  at  four  o'clock  P.  M.  of  said  date.  Notice  of  the  time  and 
place  of  the  annual  meeting  shall  be  given  by  the  clerk  by  posting  written  or 
printed  notices  in  five  public  places  in  the  district  ten  days  prior  to  said  meet- 
ing. Special  meetings  may  be  called  by  a  majority  of  the  district  board  or 
by  a  majority  of  the  legal  voters  of  the  district;  but  notice  of  said  special 
meeting  stating  the  purpose  for  which  it  is  called,  together  with  the  time  and 
place,  shall  be  posted  at  least  ten  days  before  the  meeting  in  five  public  places. 
Following  the  annual  school  meeting  and  on  the  same  date  thereof,  it  shall  be 
the  duty  of  the  School  District  Board  to  meet  and  make  out  the  report  required 
by  law  to  be  filed  with  the  excise  board  showing  the  fiscal  condition  of  the 
school  district  at  the  close  of  the  previous  fiscal  year  and  the  statement  of 
the  estimated  needs  thereof  for  the  current  or  ensuing  fiscal  year.  (Sec.  1, 
S.  B.  373,  chap,  278,  L.  1915.) 

NOTE — Excess  levy  to  be  voted  on  at  annual  meeting.  (See  Sees.  343 
and  344. 

Section  39.  Qualified  Voters:  All  persons,  including  females,  residing  in 
the  district  and  possessing  the  qualifications  of  electors,  as  defined  by  the  con- 
stitution and  the  laws  of  the  state,  shall  be  entitled  to  vote  at  any  district 
meeting.  (7.) 

NOTE — Grandfather  clause  applicable  to  a  school  election  even  when  the 
colored  school  is  the  majority  school.  (5-9-14.) 

Section  40.  Challenged  Voters:  If  any  person  offering  to  vote  at  a  school 
district  meeting  shall  be  challenged  as  unqualified  by  any  legal  voter,  the  chair- 
man presiding  shall  declare  to  the  persons  challenged  the  qualifications  of  a 
voter,  and  if  such  challenge  be  not  withdrawn,  the  chairman,  who  is  hereby 
authorized,  shall  tender  to  the  person  offering  to  vote  the  following  oath  or 
affirmation:  "You  do  solemnly  swear  (or  affirm)  that  you  are  an  actual  resi- 
dent of  this  school  district  and  that  you  are  qualified  by  law  to  vote  at  this  meet- 
ing. "  Any  person  taking  such  oath  or  affirmation  shall  be  entitled  to  vote  on 
all  questions  voted  upon  at  such  meeting.  (8.) 

Section  41.  Duties  of  Annual  Meeting:  The  inhabitants  qualified  to  vote 
at  a  school  meeting  lawfully  assembled,  shall  have  power:  First,  to  appoint  a 
chairman  to  preside  over  said  meeting  in  the  absence  of  the  director.  Second, 
to  adjourn  from  time  to  time.  Third,  to  choose  a  director,  clerk  or  member 
who  shall  possess  the  qualifications  prescribed  by  law.  Fourth,  to  designate  by 
vote  a  site  for  the  district  school  house:  Provided,  that  the  designation  of  a 
site  for  a  district  school  house  shall  not  be  over  one-half  mile  from  the  center 
of  said  district.  Fifth,  to  authorize  and  direct  the  sale  of  any  school  site  or 
other  property  belonging  to  the  district  (when  the  same  shall  be  no  longer 
needful  to  the  district).  Sixth,  to  give  such  directions  and  make  such  provi- 
sions as  may  be  deemed  necessary  in  the  prosecution  or  defense  of  any  suit  or 
proceedings  in  which  the  district  may  be  a  party.  (9.) 

NOTE — County  superintendents  are  not  authorized  to  decide  a  contest  of 
election  between  candidates.  (5-9-14.) 

Section  42.  Two  or  More  School  Houses  in  Same  District:  The  board  of 
education  of  any  independent  district  or  the  board  of  directors  of  any  school 
district  in  this  state  may  construct  and  maintain  two  or  more  school  houses 
in  any  school  district  in  this  state:  Provided,  a  majority  of  the  legal  voters 
of  said  district  shall  authorize  the  same  at  an  election  to  be  held  in  said  dis- 
trict as  other  elections  are  held  for  school  purposes.  (10.) 

Section  43.  Locations  Legalized:  The  location  or  construction  of  any 
school  house  already  located  or  constructed  by  the  board  of  education  or  board 
of  directors  of  any  school  district  in  this  state  are  hereby  legalized.  (11.) 

Section  44.  Length  of  School  Term:  The  qualified  voters,  at  each  annual 
meeting,  or  any  special  meeting  duly  called,  may  determine  the  length  of  time 
the  school  shall  be  taught  in  their  district  for  the  then  ensuing  year,  which 
shall  not  be  less  than  three  months,  and  when  such  school  shall  be  taught,  and 
whether  the  school  money  to  which  the  district  may  be  entitled  shall  be  applied 
in  support  of  the  summer  or  winter  term  of  school,  or  a  certain  portion  of  each; 

12 


but  if  such   matter   shall  not  be   determined   at   their   annual   or   any   special 
meeting,  it  shall  be  the  duty  of  the  district  board  to  determine  the  same.  (12.) 

Section  45.  Changing  School  Site:  In  school  districts  having  school  houses 
the  value  of  which  is  not  less  than  five  hundred  dollars,  the  school  house 
site  shall  not  be  changed,  except  by  a  vote  of  at  least  three-fifths  of  the  legal 
voters  of  such  district  voting  in  favor  of  such  change.  (13.) 

Section  46.  May  Purchase  State  Land:  Upon  application  of  any  regularly 
organized  school  district  board  to  the  commissioners  of  the  land  office,  when 
it  is  made  to  appear  that  it  is  necessary  to  locate  a  site  for  a  public  school 
house  on  any  of  the  public  school  land  or  state  lands,  the  commissioners  of 
the  land  office  are  hereby  authorized  and  directed  to  have,  or  cause  to  have, 
such  public  building  site  surveyed,  said  site  to  embrace  not  more  than  four 
acres  of  land,  and  said  commissioners  shall  cause  said  site  so  located  and 
surveyed  to  be  appraised  as  provided  by  law,  and  when  said  school  district 
board  shall  have  filed  with  said  commissioners  of  the  land  office  a  relinquish- 
ment  of  the  preference  right  and  interest  held  therein  by  the  lessee  of  said 
site  so  located  and  surveyed,  or  when  said  school  district  board  shall  have 
condemned  the  preference  right  and  interest  held  therein  by  the  lessee  of  said 
site,  express  authority  being  herein  granted  to  such  school  district  board  to 
so  condemn  such  lessee 's  interest  in  any  such  land  for  the  purposes  herein  men- 
tioned under  the  condemnation  procedure  now  applicable  to  railroads,  and 
shall  have  filed  with  said  commissioners  of  the  land  office  the  final  judgment 
of  the  court,  thereupon  said  commissioners  of  the  land  office  shall,  upon  the 
payment  to  the  state  the  appraised  value  of  said  site  and  tract,  so -located  and 
surveyed,  make,  execute,  and  deliver  to  said  school  district  board  a  patent  to 
said  tract,  as  provided  by  law.  (14.) 

Section  47.  Relocation  of  School  Site:  Upon  the  petition  of  one-third  of 
the  voters  of  any  school  district  in  Oklahoma,  and  in  any  district  containing 
a  town  or  village,  qualified  to  vote  at  a  school  district  election,  the  district 
board  of  said  district  shall  call  a  meeting  of  the  voters  of  said  district  at  the  school 
house  therein  in  the  manner  provided  by  law  for  calling  special  meetings  for 
the  purpose  of  determining  the  relocation  of  the  school  house  in  said  district. 
If  at  such  meeting  the  voters  of  the  district,  by  vote  of  two-thirds  of  the  resi- 
dent voters  of  the  district  voting,  determine  to  relocate  the  school  house  in  said 
district  within  the  school  district,  the  board  of  said  district  shall  locate  said 
school  house  at  some  point  in  said  district  in  or  adjoining  such  town  or  village. 
(15.) 


ARTICLE  IV. 

Joint  Districts. 


Section  48.  Formation  of  Joint  Districts:  When  it  shall  become  necessary 
to  form  a  school  district  lying  partly  in  two  or  more  counties,  the  county  super- 
intendents of  public  instruction  in  the  counties  in  which  the  said  tract  of 
country  shall  be  located,  when  application  shall  be  made  in  writing  to  any  one 
of  them  by  five  householder  residents  therein,  shall,  if  by  them  deemed  neces- 
sary, meet  and  proceed  to  lay  off  and  form  the  same  into  a  school  district,  issue 
notices  of  the  first  district  meeting  and  shall  file  the  proper  papers  in  their  respec- 
tive offices;  and  such  district  so  organized  shall  be  designated:  "Joint  District 

No ,  counties  of ,"  and  the  boundaries  of  such  district 

shall  not  be  altered  except  by  the  joint  action  of  such  superintendents  of  the 
several  counties  represented  in  said  district.     (1.) 

NOTE — Joint  districts  must  have  area  of  at  least  nine  square  miles  and 
assessed  valuation  of  at  least  fifty  thousand  dollars.  (9-10-14.) 

13 


Section  49.  Appeal:  If,  in  the  alteration  of,  or  refusal  to  alter,  the 
boundaries  of  any  joint  school  district,  any  person  or  persons  shall  feel  ag- 
grieved, such  person  or  persons  may  appeal  to  the  state  superintendent  of  pub- 
lie  instruction,  and  notice  of  such  appeal  shall  be  served  on  the  superintendents 
of  public  instruction  of  the  several  counties  represented  in  said  district  within 
ten  days  after  the  rendition  by  them  of  the  decision  appealed  from,  which 
notice  shall  be  in  writing  and  shall  state  fully  the  objections  to  the  actions  of 
such  superintendents,  and  a  copy  thereof  shall  be  filed  with  the  state  superin- 
tendent of  public  instruction.  It  shall  be  the  duty  of  such  county  superintend- 
ent in  whose  possession  are  the  papers  connected  with  the  action  appealed 
from,  to  transmit  the  same  to  the  state  superintendent  of  public  instruction  im- 
mediately upon  being  served  with  notice  of  appeal,  as  hereinbefore  provided. 
Thereupon,  the  state  superintendent  of  public  instruction  shall  fix  the  time  for  the 
hearing  of  said  appeal,  and  notify  such  several  county  superintendents  inter- 
ested, and  they  shall  take  action  in  accordance  therewith.  Each  joint  district, 
except  in  matters  relating  to  the  alteration  of  the  boundaries  thereof,  shall  be 
under  the  jurisdiction  and  control  of  the  superintendent  of  public  instruction 
of  that  county  represented  in  such  district  having  the  largest  amount  of  terri- 
tory embraced  within  the  boundaries  of  such  joint  district.  (2.) 


ARTICLE  V. 

Duties  of  District  Officers  and  Teachers 


Section  50.  Officers  and  Term:  The  officers  of  each  school  district  shall 
be  a  director,  clerk  and  member,  who  shall  constitute  the  district  board  and 
who  shall  be  elected  and  hold  their  respective  offices  as  follows:  At  the  annual 
election  in  1914  there  shall  be  elected  in  all  school  districts  a  director  who 
shall  hold  his  office  for  three  years;  in  1915,  a  member  who  shall  hold  his  office 
for  three  years,  and  in  1916  a  clerk  who  shall  hold  his  office  for  three 
years,  and  thereafter  at  each  annual  meeting-  there  shall  be  elected  one 
member  of  said  board  in  the  place  of  the  outgoing  member,  who  shall  hold  his 
office  for  three  years,  and  until  his  successor  shall  be  elected  and  qualified.  No 
person  shall  be  eligible  to  serve  on  the  district  board  unless  he  can  read  and 
write  the  English  language,  and  shall  be  a  legally  qualified  voter  of  said  dis- 
trict. (1.) 

Section  51.  Oath  of  Office:  School  district  officers,  before  entering  upon 
their  official  duties,  shall  take  the  following  oath  to  faithfully  perform  said 
duties,  and  the  chairman  of  any  regular  or  special  meeting  is  hereby  authorized 
and  empowered  to  administer  such  oath:  "I, ,  hereby  declare  un- 
der oath  that  I  will  faithfully  perform  the  duties  of of  school  dis- 
trict  county  of ,  to  the  best  of  my  ability  and  that  I  will 

faithfully  discharge  all  the  duties  pertaining  to  said  office  and  obey  the  consti- 
tution and  laws  of  the  United  States  and  of  Oklahoma."     (2.) 

Section  52.  Forfeiture  of  Office:  Every  person  duly  elected  to  the  office 
of  director,  clerk  or  member  of  any  school  board  who  shall  refuse  or  neglect 
without  sufficient  cause  to  qualify  within  twenty  days  after  his  election  or 
appointment,  or  who  having  entered  upon  the  duties  of  his  office  shall  neglect 
or  refuse  to  perform  any  duty  required  by  the  provisions  of  this  article,  shall 
thereby  forfeit  his  right  to  the  office  to  which  he  was  elected  or  appointed,  and 
the  county  superintendent  of  public  instruction  shall  thereupon  appoint  a 
suitable  person  in  his  stead.  (3.) 

Section  53.  Duties  of  Director:  The  director  of  each  district  shall  preside 
at  all  district  meetings  and  shall  sign  all  orders  drawn  by  the  clerk,  authorized 
by  a  district  meeting  or  by  the  district  board,  upon  the  custodian  of  the  district 

14 


funds  for  moneys  collected  or  received  by  him  to  be  disbursed  therein.  He 
shall  appear  for  and  in  behalf  of  the  district,  in  all  suits  brought  by  or  against 
the  district,  unless  other  directions  shall  be  given  by  the  voters  of  such  district 
at  a  district  meeting.  (4.) 

Section  54.  Duties  of  Clerk:  The  clerk  of  such  district  shall  record  the 
proceedings  of  his  district  board  or  board  of  education  in  a  book  provided  by 
the  district  for  that  purpose,  and  enter  thereon  copies  of  all  reports  made  by 
him  to  the  county  superintendent;  he  shall  keep  and  preserve  all  records,  books 
and  papers  belonging  to  his  office  and  deliver  the  same  to  his  successor  in 
office;  and  shall  post  all  notices  for  annual  or  special  meetings,  one  of  which 
shall  be  posted  on  the  school  house  door.  (5.) 

Section  55.  Deputy  Clerk:  The  said  clerk  shall  be  the  clerk  of  the  district 
board  of  all  district  meetings,  when  present;  but  if  such  clerk  shall  not  be  pres- 
ent at  any  district  meeting,  the  voters  present  may  appoint  a  clerk  of  said 
meeting,  who  shall  certify  the  proceedings  thereof,  and  the  same  shall  be  re- 
corded by  the  clerk  of  the  district.  (6.) 

Section  56.  Issuance  of  Warrants:  The  clerk  of  the  district  shall  draw 
and  countersign  all  warrants  or  orders  on  the  custodian  of  the  district  funds 
for  moneys  in  the  hands  of  such  treasurer,  which  have  been  apportioned  to,  or 
raised  by,  the  district  to  be  applied  to  the  payment  of  teachers'  wages,  and 
apply  such  money  to  the  payment  of  wages  of  such  teachers  as  shall  have  been 
employed  by  the  district  board,  and  said  clerk  shall  draw  orders  on  the  treasurer 
for  the  moneys  in  the  hands  of  such  treasurer  to  be  disbursed  for  any  purpose 
ordered  by  a  district  meeting  or  by  the  district  board,  agreeable  to  the  provi- 
sions of  this  section.  (7.) 

Section  57.  Preliminary  Meeting  and  Annual  Reports:  Each  school  dis- 
trict board  shall  hold  a  meeting  at  least  five  days  previous  to  the  annual  meet- 
ing in  each  year,  for  the  purpose  of  preparing  the  report  of  the  clerk,  which 
shall  be  read  and  submitted  to  the  legal  voters  of  the  district  at  the  annual 
meeting  for  their  information  and  consideration;  if  any  changes  or  alterations 
therein  be  necessary,  the  same  shall  be  made  and  shall  then  be  transmitted  to 
the  county  superintendent  of  public  instruction.  Said  report  shall  show:  First, 
the  number  of  children,  white  and  colored,  designated  separately,  attending 
the  school  during  the  year,  and  their  sex.  Second,  the  length  of  time  school 
has  been  taught  in  the  district  by  a  qualified  teacher  or  teachers,  the  name 
of  the  teacher  or  teachers,  and  wages  paid.  Third,  the  amount  of  money 
raised  by  the  district  in  such  year  and  the  purpose  for  which  it  was  raised. 
Fourth,  an  itemized  statement  of  all  orders  or  warrants  drawn  on  the  custodian 
of  the  district  funds  for  the  past  fiscal  year,  and  the  purpose  for  which  drawn. 
Fifth,  such  other  facts  and  statistics  in  regard  to  the  district  school  as  the 
state  superintendent  may  require.  (8.) 

Section  58.  Penalty  for  False  Report:  Every  clerk  of  the  district  who 
shall  willfully  sign  a  false  report  to  the  county  superintendent  of  public  instruc- 
tion of  his  county,  or  fail  or  refuse  to  make  a  legal  report,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction,  punished  by  a  fine  of  not  less 
than  ten  dollars,  nor  more  than  twenty-five  dollars.  (9.) 

Section  59.  Report  to  County  Clerk  and  Assessor:  It  shall  be  the  duty  of 
the  several  district  clerks  of  this  state  to  make  out  a  certified  list  of  all 
persons  residing  within  their  respective  districts  liable  to  pay  taxes  and  trans- 
mit the  same  to  the  county  clerk  and  assessor  of  their  respective  counties  on 
or  before  the  first  day  of  January  of  each  year.  (10.) 

Section  60.  Election  Report:  The  district  clerk  shall  immediately  after 
the  annual  meeting  report  to  the  county  superintendent  of  public  instruction 
in  writing  the  name  and  postoffice  address  of  the  district  officer  elected  at 
the  annual  meeting.  (11.) 

Section  61.  Records  Subject  to  Inspection:  The  books,  records,  papers  and 
other  archives  of  the  school  district  board  shall  be  open  at  all  times  to  the  in- 
spection and  examination  of  the  county  superintendent  of  public  instruction 
and  to  all  resident  taxpayers  within  said  district.  (12.) 

15 


Section  62.  Shall  Surrender  Records:  Every  school  district  officer,  di- 
rector, clerk  or  member  who  shall  neglect  or  refuse  td  deliver  to  his  successor 
in  office  all  records,  books  or  papers  belonging  to  his  office  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  in  any  sum  not  less  than  one 
hundred  dollars  and  not  more  than  five  hundred  dollars,  or  be  imprisoned  in 
the  county  jail  for  six  months.  (13.) 

Section  63.  Purchase  or  Lease  Building  Site:  The  district  board  shall 
purchase  or  lease  a  site  for  a  school  house  as  shall  have  been  designated  by 
the  voters  of  the  district  meeting,  in  the  corporate  name  thereof,  and  shall 
build,  hire  or  purchase  such  school  house  as  the  voters  of  the  district,  in  a  dis- 
trict meeting,  shall  have  agreed  upon,  out  of  the  funds  provided  for  that  pur- 
pose, and  make  sale  of  any  school  house  site  or  other  property  of  the  district, 
and,  if  necessary,  execute  a  conveyance  of  the  same  in  the  name  of  their  office, 
when  lawfully  directed  by  the  voters  of  such  district,  at  any  regular  or  special 
meeting,  and  shall  carry  into  effect  all  lawful  orders  of  the  district.  (14.) 

Section  64.  District  Board  Custodian  of  Property:  The  district  board  shall 
have  the  care  and  keeping  of  the  school  house  and  other  property  belonging  to 
the  district.  They  shall  have  power  to  make  such  rules  and  regulations  as  they 
may  deem  proper  and  may  appoint  some  suitable  person  to  take  charge  of  the 
school  apparatus,  maps,  charts,  etc.,  belonging  to  the  district.  (15.) 

NOTE — School  boards  have  authority  to  make  and  enforce  rules  and  regula- 
tions for  protection  of  school  property.  (1-30-14.) 

Section  65.  May  Admit  Non-residents:  The  district  board  shall  have 
power  to  admit  scholars  from  adjoining  districts:  Provided,  that  said  pupils 
shall  pay  a  tuition  fee,  which  fee  shall  be  prescribed  by  the  district  board,  sub- 
ject, however,  to  provisions  of  article  16  of  this  act.  (16.) 

Section  66.  Teachers'  Contracts — Provisions:  The  district  board  of  each 
district  shall  contract  with  and  hire  qualified  teachers  for,  and  in  the  name  of 
the  district,  which  contract  shall  be  in  writing.  The  contract  shall  specify  the 
wages  per  week  or  month,  as  agreed  upon  by  the  parties,  and  one  copy  shall  be 
filed  with  the  district  clerk,  one  copy  filed  with  such  county  superintendent,  and 
one -copy  retained  by  the  teacher,  and  the  board,  in  conjunction  with  such  super- 
intendent, may  dismiss  such  teacher  or  teachers  for  incompetency,  cruelty,  neg- 
ligence, or  immorality.  Whenever  any  person  shall  make  and  enter  into  a  valid 
contract  with  such  district  board  to  teach  school  in  such  district,  such  contract 
shall  be  binding  upon  such  teacher  until  he  has  been  legally  discharged  there- 
from according  to  law,  or  released  therefrom  by  such  district  board  in  regular 
session;  and  until  such  person  shall  have  been  thus  discharged  or  released,  he 
shall  not  have  the  authority  to  make  or  enter  into  any  valid  contract  with  any 
other  district  board  or  board  of  education  in  the  state  of  Oklahoma  to  perform 
services  as  teacher  or  instructor  for  a  period  of  time  covered  by  an  existing 
valid  contract  which  said  person  has  made.  No  district  board  or  board  of 
education  shall  have  authority  to  pay  any  money  or  issue  any  warrant  for  the 
payment  of  money  to  any  person  for  services  as  teacher  or  instructor,  except 
for  services  performed  under  and  by  virtue  of  a  valid  written  contract  approved 
by  such  county  superintendent  existing  between  such  district  board  and  such 
teacher  to  be  paid:  Provided,  it  shall  be  unlawful  for  any  school  district  board 
to  employ  a  person  to  teach  who  is  related  to  a  member  of  the  board.  School 
district  boards  shall  have  authority  to  enter  into  contracts  after  March  1st 
each  year,  and  prior  to  the  annual  meeting,  with  persons  to  teach  their  school 
for  the  ensuing  year.  No  contract  so  entered  into  prior  to  the  annual  meeting 
shall  be  binding  unless  the  teacher  is  at  the  time  of  making  the  contract  the 
holder  of  a  valid  certificate  in  the  county  where  the  services  are  to  be  rendered 
for  the  time  the  contract  is  made.  The  contract  so  entered  into  before  the  annual 
meeting  shall  be  binding  upon  the  district  only  for  an  amount  that  comes  within 
the  estimate  when  made  and  approved,  and  the  district,  nor  any  member  of 
the  school  district  board  shall  be  liable  for  any  amount  of  difference  between 
the  amount  of  the  contract  and  the  amount  of  the  estimate  as  made  and  ap- 
proved; and  in  the  event  of  a  school  house  being  destroyed  by  accident,  fire 
or  otherwise,  and  no  other  suitable  building  can  be  secured  therefor,  all  con- 
tracts for  the  payment  of  teachers  who  were  under  contract  to  teach  in  said 
school  house  shall  be  void,  and  all  contracts  entered  into  between  a  teacher  and 

16 


board  of  directors  of  any  district  shall  contain  the  provisions  of  this  section. 
(17.) 

NOTE — In  dismissing  teacher  the  county  superintendent  and  the  school  board 
members  sit  as  one  board  and  each  member  has  one  vote.  (4-12-15.)  Teachers 
may  draw  pay  for  time  school  is  closed  on  account  of  contagious  disease.  (12- 
14-14.) 

Section  67.  Shall  Provide  School  Supplies:  The  district  board  shall  pro- 
vide the  necessary  supplies  for  the  school  during  the  time  school  is  taught 
therein,  and  shall  keep  an  accurate  account  of  all  expenses  thus  incurred  and 
present  the  same  for  allowance  at  any  regular  meeting  of  the  board,  and  no 
warrant  or  order  shall  be  drawn  unless  authorized  at  such  regular  meeting. 
The  board  shall  hold  monthly  meetings  during  the  school  term,  which  shall 
be  at  the  end  of  each  school  month.  (18.) 

Section.  68.     School  Property  Exempt  From  Taxation  and  Forced  Sale: 

All  property  held  by  the  school  district  of  any  school  district  in  this  state  for 
the  use  of  the  public  schools,  shall  be  exempt  from  taxation,  and  shall  not  be 
taken  in  any  manner  for  any  debt  due  from  the  district.  (19.) 

Section  69.  Suspension  of  Pupils:  The  teacher  may  suspend  from  the 
privileges  of  a  school  any  pupil  guilty  of  immorality  or  persistent  violations  of 
the  regulations  of  the  school,  which  suspension  shall  not  extend  beyond  the 
current  quarter  of  the  school:  Provided,  that  the  pupil  suspended  shall  have 
the  right  to  appeal  from  the  decision  of  said  teacher  to  the  board  of  directors, 
which  shall,  upon  a  full  investigation  of  the  charges  preferred  against  said 
pupil,  determine  as  to  the  guilt  or  innocence  of  the  offense  charged,  and  their 
decision  shall  be  final.  (20.) 

Section  70.  Shall  Furnish  Registers  and  Report  Cards:  The  district  board 
shall  furnish  each  teacher  with  suitable  daily  register  and  report  cards,  which 
forms  shall  be  approved  by  the  state  superintendent,  and  shall  visit  together, 
or  by  one  or  two  of  their  number,  all  the  schools  of  their  district  at  least 
twice  each  term,  and  at  such  school  periods  during  the  term  as,  in  their  opin- 
ion, the  exigencies  of  each  school  may  require;  at  which  visit  they  shall  examine 
the  register  of  the  teacher  and  see  that  it  is  properly  kept,  and  inquire  into 
other  matters  touching  the  school  house,  facilities  for  ventilation,  furniture, 
apparatus,  library,  studies,  discipline,  modes  of  teaching  and  improvement  of 
the  schools,  and  confer  with  the  teacher  with  regard  to  the  condition  and  man- 
agement, and  make  such  suggestions  as  would,  in  their  view,  promote  the  in- 
terests and  efficiency  of  the  school  and  the  progress  and  good  of  the  pupils. 
The  date  and  result  of  such  visits  shall  be  entered  by  the  clerk  of  the  board 
on  their  minutes.  (21.) 

Section  71.  Penalty  for  Law  Violation:  Any  member  of  the  school  dis- 
trict board,  or  custodian  of  the  district  funds,  who  shall  violate  any  of  the 
provisions  of  this  article,  shall  be  deemed  guilty  of  a  misdemeanor  and,  upon 
conviction,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars,  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  less 
than  six  months,  or  by  both  such  fine  and  imprisonment;  and  any  teacher  who 
shall  violate  any  of  the  provisions  of  this  article  shall  be  liable  to  immediate 
dismissal,  and  it  shall  be  the  duty  of  the  county  superintendent  of  public  in- 
struction to  prosecute  and  carry  out  the  provisions  of  this  section.  (22.) 

Section  72.  Disposition  of  Fines:  All  fines  collected  for  any  violation  of 
this  article  shall  be  paid  to  the  treasurer  of  the  county  where  the  suit  is 
brought  for  the  support  of  the  common  schools.  (23.) 

Section  73.  Payment  of  Judgments:  Whenever  any  final  judgment  shall 
be  obtained  against  any  school  district,  the  district  board  shall  provide,  for  a 
tax  on  all  taxable  property  in  the  district  for  the  payment  thereof;  such  taxes 
shall  be  collected  as  other  school  district  taxes,  but  no  execution  shall  issue  on 
such  judgment  against  the  school  district.  (24.) 

Section  74.  Removal  of  School  House:  Whenever  a  school  house  or  other 
improvements  have  been  made  upon  the  claim  of  any  settler,  upon  any  of 
the  public  or  Indian  lands  or  other  property  within  this  state  to  which  said 
settler  had  no  title,  it  shall  be  ^lawful  for  the  school  directors  of  the  proper 

17 


school  district  to  remove  said  school  house  or  other  improvements  from  the 
said  claim  or  private  property  at  any  time  within  one  year  from  the  time  that 
the  settler  in  any  given  case  may  acquire  the  title  to  his  said  claim:  Provided, 
that  if  the  said  settler  in  any  given  case  shall  convey  to  the  said  board  of 
directors  one  acre  of  land  or  more  upon  which  said  school  house  or  other  im- 
provements are  situated,  the  same  shall  not  be  removed.  (25.) 

Section  75.  Public  Meetings  in  School  House:  The  district  board  shall 
have  the  care  and  keeping  of  the  school  house  and  other  property  belonging  to 
the  district.  They  are  hereby  authorized  to  open  the  school  house  for  the  use 
of  religious,  political,  literary,  scientific,  mechanical  or  agricultural  societies 
belonging  to  their  districts  for  holding  public  meetings  of  such  societies  under 
such  regulations  as  the  board  may  adopt.  Any  person,  society  or  organization 
using  the  school  house  as  herein  provided  shall  be  responsible  for  all  damages 
resulting  from  such  use,  and  it  shall  be  the  duty  of  the  school  board  to  assess 
such  person,  society  or  organization  the  amount  of  the  damages,  if  any  result 
from  such  usage,  and  if  not  paid  within  five  days,  they  shall  immediately  file 
complaint  with  the  justice  of  the  peace  and  upon  conviction  the  offending  party 
or  parties  shall  be  fined  in  any  sum  not  less  than  five  dollars  nor  more  than  twenty 
five  dollars,  said  fine,  when  collected,  to  be  turned  into  the  county  treasury  and 
credited  to  the  school  district  fund  of  the  district  to  which  the  said  school 
house  belonged.  If  school  is  in  session  at  the  time  the  house  is  used  for  other 
than  school  purposes,  the  building  shall  be  swept  and  cleaned  after  its  use  and 
before  eight  o  'clock  the  morning  following,  and  if  not  so  cleaned  and  swept, 
further  use  of  said  building  shall  be  prohibited.  (26.) 

Section  76.  May  Purchase  Buildings:  The  school  district  board  of  any 
school  district,  or  board  of  education  of  any  independent  district  in  the  state, 
if  the  electors  entitled  to  vote  in  school  elections  in  such  districts  shall  by  a 
majority  vote  so  authorize,  shall  have  power  to  contract  for,  acquire,  or  con- 
struct, necessary  school  buildings  and  additions  thereto,  to  be  paid  for  by  an 
annual  rental  and  to  levy  an  annual  tax  of  not  more  than  three  mills  for  the 
payment  of  such  rental:  Provided,  however,  that  the  total  levy  upon  an  ad 
valorem  basis  for  all  purposes  within  any  district  shall  not  exceed  the  amount 
authorized  by  section  9,  article  10  of  the  constitution.  (27.) 

Section  77.  Meetings  Called — How:  Any  regular  or  special  meeting  of  the 
voters  of  any  school  district  in  the  state  of  Oklahoma  shall  be  called  in  the 
following  manner:  Notice  shall  be  given  by  posting  five  written  or  printed 
notices  in  the  district  ten  days  prior  to  such  meeting,  or  by  publication  in  the 
newspaper,  if  a  newspaper  is  published  in  said  district,  in  at  least  ten  issues 
of  a  daily  newspaper,  if  a  daily  is  published  in  said  district,  and  if  no  daily 
paper  is  published  in  said  district,  notice  shall  be  given  by  publication  in  at 
least  two  issues  of  a  weekly  newspaper,  if  published  in  said  district;  such  pub- 
lication shall  not  be  less  than  ten  days  prior  to  said  election.  (28.) 

Section  78.  Approval  of  Purchase  Contract:  Any  contract  made  under 
the  provisions  of  section  76  shall  be  approved  by  a  majority  of  the  voters  of 
the  district  present  at  a  regular  school  election,  or  at  a  special  election  held  for 
that  purpose,  notice  of  which  shall  be  given  by  posting  five  written  or  printed 
notices  in  the  district  ten  days  prior  to  such  meeting,  or  by  publication  in  a 
newspaper,  if  a  newspaper  is  published  in  said  district,  in  at  least  ten  issues 
of  a  daily  newspaper  if  a  daily  is  published  in  said  district,  and  if  no  daily 
newspaper  is  published  in  said  district,  notice  shall  be  given  by  publication 
in  at  least  two  issues  of  a  weekly  newspaper,  if  published  in  said  district. 
Such  publication  shall  not  be  less  than  ten  days  prior  to  said  election.  (29.) 

Section  79.  Increased  Levy  for  Building:  When  any  contract  is  entered 
into  by  the  trustees  of  any  school  district  in  this  state,  as  provided  in  this 
article,  where  the  total  amount  to  be  paid  thereunder  can  not  be  paid  within 
ten  years  by  the  three  mill  levy  upon  an  ad  valorem  basis,  upon  all  the  taxable 
property  within  said  district,  an  additional  levy  of  an  amount  sufficient  for 
such  purposes  may  be  authorized  by  a  majority  vote  of  persons  qualified  to  vote 
at  such  district  elections  or  meetings  at  a  special  election  called  for  that  pur- 
pose by  the  trustees  of  such  district:  Provided,  however,  that  the  total  amount 
of  such  increased  levy  shall  not  exceed  five  mills  on  the  dollar  of  the  assessed 

18 


value  of  the  taxable  property  in  such  school  district.     Notice  of  such  special 
election  shall  be  given  as  the  notices  in  the  preceding  section.     (30.) 

Section  80.  Contracts  With  Board  Members  Prohibited:  No  district 
board  of  any  school  district  in  this  state  shall  make  any  contract  with  any  of 
its  members  or  in  which  any  of  its  members  shall  be  directly  or  indirectly  inter- 
ested; and  all  contracts  made  in  violation  of  this  section  shall  be  wholly 
void.  (31.) 

Section  81.  Penalty  for  Illegal  Contracts:  Every  officer  of  any  school 
district  who  shall  hereafter  order  or  direct  the  payment  of  any  money  or  trans- 
fer  of  any  property  belonging  to  school  district  in  settlement  of  any  claim 
known  to  such  officers  to  be  fraudulent  or  void,  or  in  pursuance  of  any  un- 
authorized, unlawful  or  fraudulent  contract  or  agreement  made  or  attempted  to  be 
made,  for  any  school  district,  by  any  officer  or  officers  thereof,  and  every 
person  having  notice  of  the  facts  with  whom  such  unauthorized,  unlawful  or 
fraudulent  contract  shall  have  been  made,  or  to  whom  or  for  whose  benefit 
such  money  shall  hereafter  be  paid,  or  such  transfer  of  property  shall  be  made, 
shall  be  jointly  and  severally  liable  in  damages  to  all  innocent  persons  in 
any  manner  injured  thereby,  and  shall  be  furthermore  jointly  and  severally 
liable  to  t'he  school  district  affected  for  double  the  amount  of  all  such  sums 
of  money  so  paid,  and  double  the  value  of  property  so  transferred,  as  a  penalty 
to  be  recovered  at  the  suit  of  the  proper  officers  of  such  school  district,  or  of 
any  resident  taxpayer  thereof,  as  hereinafter  provided.  (32.) 

Section  82.  Resident  Taxpayer  May  Maintain  Suit:  That  upon  the  re- 
fusal, failure  or  neglect  of  the  proper  officers  of  any  school  district,  after  writ- 
ten demand  made  upon  them  by  ten  resident  taxpayers  of  such  school  district, 
to  institute  or  diligently  prosecute  the  proper  proceedings  at  law  or  in  equity 
for  the  recovery  of  any  money  or  property  belonging  to  such  school  district, 
paid  out  or  transferred  by  any  officer  thereof,  in  pursuance  of  any  unauthor- 
ized, unlawful,  fraudulent  or  void  contract,  made  or  attempted  to  be  made 
by  any  of  its  officers  for  any  such  school  district,  or  for  the  penalty  provided 
in  the  section  preceding,  any  resident  taxpayer  of  such  school  district  affected 
by  such  payment  or  transfer  after  serving  the  notice  aforesaid,  and  after  giv- 
ing security  for  costs,  may,  in  the  name  of  the  state  of  Oklahoma  as  plaintiff, 
institute  and  maintain  any  proper  action  at  law  or  in  equity  which  the  proper 
officer  of  the  school  district  might  institute  and  maintain  for  the  recovery 
of  such  property,  or  for  said  penalty  and  any  such  school  district  shall,  in 
such  event,  be  made  defendant  and  one-half  the  amount  of  money  and  one-half 
of  the  value  of  the  property  recovered  in  any  action  maintained  at.  the  expense 
of  a  resident  taxpayer  under  this  section  shall  be  paid  to  such  resident  tax- 
payer as  a  reward.  (33.) 

Section  83.  County  Treasurer  Custodian  of  Funds:  The  county  treasurer 
of  each  county  is  hereby  constituted  the  custodian  of  the  school  district  funds 
of  the  several  districts  of  his  county,  except  independent  districts.  (34.) 

Section  84.  Shall  Keep  Separate  Accounts:  The  county  treasurer  shall 
keep  a  correct  account  of  all  moneys  received  for  the  benefit  of  and  belonging 
to  each  of  the  several  districts  of  his  county,  the  source  from  which  received 
and  the  disbursements  of  the  same,  as  is  hereinafter  provided,  and  the  object 
for  which  paid  out.  (35.) 

Section  85.  Method  of  Payment:  All  public  funds  of  any  district  shall 
be  disbursed  only  in  the  payment  of  legal  warrants  or  orders,  bonds  and  in- 
terest coupons.  (36.) 

Section  86.  Warrants  Issued — Procedure:  School  district  funds  shall  be 
disbursed  by  the  county  treasurer  only  upon  warrants  issued  by  the  school 
district  board  and  for  paying  interest  coupons  and  bonds  legally  issued  by  the 
school  districts.  No  warrant  shall  be  issued  except  on  verified  claims  made 
under  oath,  which  claims  shall  be  approved  by  the  district  board.  No  claim 
shall  be  approved  by  the  district  board  unless  the  same  shall  be  made  out  in 
separate  items  and  the  nature  of  each  item  stated.  For  the  purpose  of  verify- 
ing claims  school  district  clerks  are  hereby  given  authority  to  administer  oaths. 
(37.) 

19 


Section  87.  County  Treasurer  Shall  Make  Report  to  District  Board:  It 
shall  be  the  duty  of  the  county  treasurer,  on  or  before  the  first  Tuesday  in 
July  of  each  year,  to  furnish  to  the  several  school  district  boards  of  his  county, 
a  certified  report  in  writing,  showing  the  sources  and  amounts  of  all  moneys 
received  and  disbursed  by  him  for  each  school  district  during  the  previous 
fiscal  year  ending  June  30th,  together  with  the  amount  of  all  available  assets 
on  hand  at  the  close  of  such  fiscal  year,  for  each  district.  Said  statement 
shall  be  recorded  at  length  by  the  clerk  of  the  district  in  the  minute  record 
of  the  board.  Sec.  2,  S.  B.  373,  chap.  278,  L.  1915.) 

Section  88.  May  Purchase  District  Warrants:  Whenever  any  school  dis- 
trict shall  have  outstanding  warrants,  for  which  there  is  no  money  in  the 
hands  of  the  county  treasurer,  the  said  county  treasurer  shall  have,  and  is 
hereby  given,  authority,  to  buy  and  cancel  such  outstanding  warrants  of  such 
district  with  such  funds  on  hand  to  the  credit  of  other  funds  of  the  district 
in  any  amount  not  to  exceed  fifty  per  cent  of  the  total  tax  levy  of  said  district 
for  that  fiscal  year.  Provided,  said  warrants  shall  not  be  purchased  for  more 
than  par  and  accrued  interest.  (39.) 

Section  89.  District  Treasurer's  Final  Report:  Immediately  after  this 
act  becomes  a  law,  the  various  school  district  treasurers  shall  make  a  report  to 
the  county  superintendent  of  public  instruction  similar  in  all  respects  to  the 
reports  heretofore  provided  to  be  made  at  the  annual  meeting.  Such  county 
superintendent  shall  audit  the  report  and  notify  the  district  treasurer  of  the 
amount  of  money  that  is  due  the  school  district.  The  treasurer,  upon  receipt 
of  such  notice  from  such  county  superintendent,  shall  at  once  turn  over  to  the 
county  treasurer  the  amount  of  money  in  his  hands  belonging  to  the  district 
as  shown  by  the  report  made  to  the  county  superintendent  as  approved  by  him. 
If  the  district  treasurer  fails  or  refuses  to  deliver  the  funds  in  his  hands  be- 
longing to  the  district  to  the  county  treasurer  within  ten  days  after  being  no- 
tified by  the  county  superintendent,  it  shall  be  the  duty  of  the  county  attorney 
to  proceed  to  take  proper  action  against  the  bondsmen  of  the  school  district 
treasurer  for  the  recovery  of  the  money.  Should  any  school  district  treasurer 
fail  or  refuse  to  make  the  report  to  such  county  superintendent  within  fifteen 
days,  as  provided  above,  he  shall  be  guilty  of  a  misdemeanor,  and,  upon  con- 
viction, shall  be  fined  in  any  sum  not  less  than  ten  dollars,  and  not  more  than 
fifty  dollars.  (40.) 

Section  90.  Shall  Teach  Effects  of  Alcoholic  Drinks  and  Narcotics:  The 
nature  of  alcoholic  drinks  and  other  narcotics  and  their  effect  on  the  human 
system  in  connection  with  the  various  divisions,  physiology  and  hygiene,  shall 
be  included  in  the  branches  to  be  regularly  taught  in  the  common  schools  of 
the  state,  and  in  all  educational  institutions  supported  wholly  or  in  part  by 
money  from  the  state:  Provided,  that  this  subject  shall  be  taught  as  a  part 
of  physiology  and  hygiene,  and  that  no  additional  textbook  be  employed.  (Sec. 
1,  H.  B.  160,  chap  10,  L  1915) 

Section  91.  Boards  Shall  Provide  for  Above:  Boards  of  education  and 
boards  of  such  educational  institutions  shall  make  suitable  provisions  for  this 
instruction  in  the  schools  and  institutions  under  their  respective  jurisdic- 
tion, giving  definite  time  and  place  therefor  in  the  regular  course  «of 
study;  adopt  such  methods  as  will  adapt  it  to  the  capacity  of  pupils  in  the 
various  grades;  and  to  corresponding  classes,  as  found  in  ungraded  schools. 
The  same  test  for  promotion  shall  be  required  in  this  as  in  other  branches 
(Sec  2,  H  B.  160,  chap.  10,  L.  1915.) 

Section  92.  Subjects  Above  Taught  in  Institutes:  In  all  teachers'  insti- 
tutes, normal  schools  and  teachers  training  classes  established  by  the  state, 
adequate  time  and  attention  shall  be  given  to  instruction  in  the  best  methods 
of  teaching  such  branches.  (Sec  3,  H.  B.  160,  chap.  10,  L.  1915) 


20 


ARTICLE  VI. 

Independent  Districts, 


Section  93.  Independent  Districts  Denned:  Each  city  of  the  first  class, 
and  each  incorporated  town  maintaining  a  four  years'  high  school  fully  ac- 
credited with  the  state  university,  shall  constitute  an  independent  district  and 
be  governed  by  the  provisions  of  this  article.  (1.) 

Section  94.  Change  of  Boundaries:  Territory  outside  the  limit  of  any 
city  or  town  within  an  independent  district  may  be  added  to  or  detached  from 
such  city  or  town  for  school  purposes,  upon  petition  to  the  county  superintend- 
ent of  public  instruction  by  a  majority  of  the  qualified  electors  of  the  territory 
desiring  to  be  attached  to  or  detached  from  such  city  or  town  and  if  he  deem 
it  proper  and  to  the  best  interests  of  the  school  of  such  city  or  town  he  shall 
issue  an  order  attaching  such  territory  to,  or  detaching  such  territory  from 
such  city  or  town  for  school  purposes,  and  such  territory  shall,  after  being  at- 
tached fom  the  date  of  such  order,  be  and  compose  a  part  of  such  city  for 
school  purposes  only,  and  the  taxable  property  of  such  adjacent  territory  shall 
be  subject  to  taxation  and  shall  bear  its  full  proportion  of  all  expenses  in- 
curred in  the  erection  of  school  buildings  and  in  maintaining  the  schools  of 
such  city;  such  attached  territory  shall  be  entitled  to  elect  one  member  of 
the  board  of  education,  who  shall  be  elected  at  the  same  time  that  other  mem- 
bers of  the  board  are  elected,  by  the  qualified  electors  of  such  district,  at  an 
election  to  be  held  at  such  places  as  the  board  of  education  may  designate: 
Provided,  however,  that  when  a  school  district  has  been  regularly  laid  out, 
formed  and  organized,  includes  therein  an  incorporated  town  which  has  become 
a  regularly  and  legally  organized  city  of  the  first  class,  the  territory  lying 
outside  of  the  city  limits  which  has  been  included  in  and  was  a  part  of  the 
said  school  district  at  the  time  said  town  became  a  city  of  the  first  class 
and  has  been  treated  as  a  part  of  the  city  school  district,  shall  continue  to  be 
a  part  of  said  school  district,  and  shall  be  governed  by  the  provisions  of  this 
article:  Provided  further,  that  in  all  cases  where  any  town  has  heretofore 
been  organized  as,  and  declared  to  be,  a  city  of  the  first  class,  the  territory 
lying  outside  of  the  city  limits  and  which  has  been  included  in  and  was  a  part 
of  said  school  district  at  the  time  said  town  became  a  city  of  the  first  class 
and  has  been  treated  as  a  part  of  the  city  school  district  shall  continue  to  be 
a  part  of  said  school  district  and  shall  be  governed  by  the  provisions  of  this 
article:  Provided  further,  that  in  all  cases  where  any  town  has  heretofore  been 
organized  as  and  declared  to  be  a  city  of  the  first  class,  the  territory  lying 
outside  of  the  city  limits  and  which  was  a  part  of  the  school  district  including 
said  town,  at  the  time  of  the  change  from  a  town  to  a  city  of  the  first  class, 
and  has  since  been  treated  as  a  part  of  the  city  school  district  under  the 
management  and  control  of  the  board  of  education  of  said  city  school  district, 
including  said  adjoining  territory,  all  elections  held  therein  for  the  purpose 
of  authorizing  the  issuance  of  bonds  or  for  any  other  legal  purpose  and  all 
levies  of  taxes  made  by  said  board  of  education  against  the  tazable  property 
therein  are  hereby  legalized  and  declared  to  be  legal  and  binding:  Provided, 
that  if  any  party  or  parties  should  object  to  the  changing  of  the  school  district 
boundaries  they  shall  have  the  right  of  appeal  as  provided  for  appealing  from 
the  decision  of  such  county  superintendent  in  changing  the  boundaries  of  other 
school  districts:  And  provided  further,  that  the  boundary  of  any  district 
shall  not  be  changed  in  annexing  territory  to  an  independent  district,  or  to 
a  city  or  town,  constituting  an  independent  district,  so  that  the  assessed 
valuation  of  the  original  district  shall  be  reduced  more  than  five  per  cent  of 
the  assessed  valuation.  (2.) 

Section  95.  A  Body  Corporate  Powers:  The  public  schools  of  each  city 
or  town  organized  in  pursuance  of  this  article  shall  be  a  body  corporate  and 
shall  possess  the  usual  powers  of  corporations  for  public  purposes,  by  the  name 

and  style  of  "The  Board  of  Education  of  the  city  or  town  of , 

of  the  state  of  Oklahoma,"  and  in  that  name  may  sue  or  be   sued,  and  be 
capable   of   contracting  or  being   contracted   with,   of   holding   and   conveying 

21 


such  personal  and  real  estate  as  it  may  come  into  possession  of,  by  will  or 
otherwise,  or  as  is  authorized  to  be  purchased  by  the  provisions  of  this  article. 
(3.) 

Section  96.  May  Convey  Property:  Any  city  of  the  first  ciass  or  town 
is  hereby  authorized  and  required,  upon  the  request  of  the  board  of  education 
of  such  city  or  town  to  convey  to  such  board  of  education  all  property  within 
the  limits  of  any  such  city  heretofore  purchased  by  any  such  city  for  school 
purposes  and  now  held  and  used  for  such  purposes,  the  title  to  which  is  vested 
in  any  such  city  or  town.  (4.) 

Section  97.  Conveyances — How  Made:  All  conveyances  of  the  property 
mentioned  in  the  preceding  section  shall  be  signed  by  the  mayor  and  attested 
by  the  clerk  of  said  city  or  town,  and  shall  have  the  seal  of  the  city  affixed 
thereto  and  be  acknowledged  by  the  mayor  of  such  city  or  town  in  the  same 
manner  as  other  conveyances  of  real  estate.  (5.) 

Section  98.  Election  of  School  Officers:  A  separate  ballot  box  for  school 
purposes  shall  be  provided  by  the  city  clerk  and  ballots  for  school  officers 
deposited  therein.  It  shall  be  the  duty  of  the  city  clerk  to  prepare  suitable 
places  for  holding  such  elections.  At  the  biennial  city  election  in  1915  there 
shall  be  elected  a  school  treasurer  by  the  city  at  large,  who  shall  hold  office 
two  years  and  a  board  of  education  consisting  of  one  member  from  each  ward 
and  one  from  outlying  territory  to  be  nominated  from  respective  ward  or  out- 
lying territory  and  elected  from  the  district  at  large,  two  of  whom  shall  hold 
office  for  a  term  of  two  years  and  the  others  for  a  term  of  four  years,  and 
until  their  successors  are  elected  and  qualified;  thereafter  at  each  biennial 
election  members  shall,  be  elected  to  succeed  the  outgoing  members  to  serve 
for  a  term  of  four  years;  provided,  that  no  member  of  the  board  of  education 
be  a  member  of  the  council,  nor  shall  any  member  of  the  council  be  a  member 
of  the  board  of  education;  provided  further,  that  the  officers  and  members  of 
the  boards  of  education  in  cities  of  the  first  class  shall  hold  their  offices 
for  the  full  term  to  which  they  were  elected;  and  provided  further,  that  boards 
of  education  in  independent  districts,  not  cities  of  the  first  class,  shall  con- 
sist of  three  members  to  be  selected  by  the  district  at  large,  at  the  same  time 
and  in  the  same  manner  as  school  district  officers.  Provided  further,  that 
nothing  herein  contained  shall  be  construed  to  prevent  a  city  of  the  first  class 
which  has  heretofore,  or  may  hereafter,  adopt  a  charter  form  of  government 
pursuant  to  section  3,  of  article  18,  of  the  Constitution  of  this  state  from  fix- 
ing the  number  of  the  members  of  the  board  of  education  of  such  city  and 
outlying  territory  attached  thereto  for  school  purposes  and  regulating  the  time 
and  manner  of  electing  the  members  of  such  board  of  education,  and  the  pro- 
visions of  any  charter  already  adopted  and  in  force  or  of  any  ordinance  adopted 
pursuant  to  such  charter  prescribing  the  number  of  members,  or  the  time  and 
manner  of  election  of  its  board  of  education  are  hereby  validated  and  legalized. 
Provided,  that  any  of  such  ordinance  which  may  hereafter  be  adopted,  shall 
not  become  effective  until  it  is  submitted  to  a  vote  of  the  electors  of  such 
city  and  approved  by  a  majority  vote  thereof,  and  provided  further,  that  in 
cities  of  less  than  five  thousand  population,  there  shall  be  nominated  a  mem- 
ber of  the  Board  of  Education,  one  from  each  ward  and  one  from  outlying  ter- 
ritory, to  be  nominated  and  elected  by  the  qualified  voters  of  the  respective 
ward  and  outlying  territory.  But  if  there  be  no  outlying  territory  in  such 
district,  a  member  shall  be  nominated  and  elected  by  the  qualified  voters  of 
the  city  at  large  (Sec.  3,  S.  B.  373,  chap.  278,  L.  1915.) 

NOTE — Persons  need  not  register  in  order  to  vote  in  school  election  of  cities 
of  the  first  class.  (1-27-15.)  When  member  of  board  of  education  moves  from 
the  ward  where  he  lived  at  time  of  election  his  position  becomes  vacant.  (8-31- 
14.)  In  independent  districts,  not  a  city  of  the  first  class,  the  member  of  the 
board  elected  in  1915  is  treasurer  of  the  board.  (2-20-15.)  The  bond  of  such 
treasurer  is  approved  by  the  county  superintendent.  (4-15-15.) 

Section  99.  Boards  in  Cities  of  More  Than  50,000:  Cities  having  a  pop- 
ulation in  excess  of  fifty  thousand  shall  elect  two  members  for  each  ward: 
Provided,  the  number  of  wards  does  not  exceed  five.  At  the  biennial  city  elec- 
tion in  1915  there  shall  be  elected  one  member  from  each  such  ward,  who  shall 
hold  office  for  a  term  of  two  years,  and  one  member  from  each  such  ward,  who 
shall  hold  office  for  a  term  of  four  years;  thereafter,  at  each  biennial  election 

22 


there  shall  be  elected,  to  succeed  each  outgoing  member  a  member  who  shall 
hold  office  for  a  period  of  four  years.     (6a.) 

NOTE — Women  are  qualified  to  serve  on  board  of  education.  (1-14-15.)  County 
officers  may  not  serve  on  boards  of  education.  (2-19-15.) 

Section  100.  Vacancies  Filled  by  Board:  The  board  of  education  shall 
have  power  to  fill  any  vacancy  which  may  occur  in  that  body  to  serve  the 
unexpired  term.  (7.) 

Section  101.  Powers  of  the  Board:  The  board  of  education  shall  have 
power  to  elect  their  own  officers,  except  the  treasurer;  to  make  their  own  rules 
and  regulations,  subject  to  the  provisions  of  this  article;  to  organize  and  main- 
tain a  system  of  graded  schools;  to  establish  a  high  school  whenever,  in  their 
opinion,  the  educational  interest  of  the  city  demands  the  same,  and  to  exercise 
the  sole  control  over  the  schools  and  school  property  of  the  city.  (8.) 

NOTE — Boards  of  education  are  without  authority  to  charge  pupils  tuition 
who  are  transferred  to  such  district.  (9-9-14.)  Pupils  who  were  enumerated  and 
who  draw  public  funds  for  the  district  cannot  be  charged  tuition,  and  for  school 
purposes  a  minor  may  have  a  different  residence  than  that  of  his  parents.  (10- 
13-14.)  Teachers'  contracts  date  from  the  time  they  are  signed  by  the  board. 
(10-5-14.) 

Section  102.  Election  of  Officers — Organization:  The  board  of  education 
at  its  regular  meeting  in  May  in  each  year  shall  organize  by  the  election  of  a 
president  and  vice-president  from  among  its  own  members,  each  of  whom  shall 
serve  for  the  term  of  one  year,  or  until  their  successors  are  elected  and  quali- 
fied. They  shall  also  elect  a  clerk:  Provided,  the  clerk  may  be  one  of  the 
board  members,  who  shall  hold  his  office  during  the  pleasure  of  the  board  and 
who  shall  receive  such  compensation  for  his  services  as  the  board  may  allow. 
(9.) 

Section  103.  Duties  of  President:  It  shall  be  the  duty  of  the  president 
to  preside  at  meetings  of  the  board  of  education;  to  appoint  all  committees 
whose  appointment  is  not  otherwise  provided  for,  and  to  sign  all  warrants 
ordered  by  the  board  of  education  to  be  drawn  upon  the  treasurer  for  school 
money.  (10.) 

Section  104.  Dutie3  of  Vice  President:  It  shall  be  the  duty  of  the  vice- 
president  to  perform  all  the  duties  of  the  president  in  case  of  his  absence  or 
disability.  (11.) 

Section  105.  Clerk's  Duties— Bond:  It  shall  be  the  duty  of  the  clerk  to 
be  present  at  all  meetings  of  the  board;  to  keep  an  accurate  journal  of  its 
proceedings;  to  take  charge  of  its  books  and  documents;  to  countersign  all  war- 
rants for  school  moneys  drawn  upon  the  treasurer  by  order  of  the  board  of 
education,  and  perform  such  other  duties  as  the  board  of  education,  or  its 
committees,  may  require;  and,  before  entering  upon  the  discharge  of  his  duties 
the  clerk  of  the  board  of  education  shall  give  a  bond  in  the  sum  of  not  less 
than  one  thousand  dollars,  with  good  and  sufficient  sureties  to  be  approved 
by  the  board,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office.  (12.) 

Section  106.  Treasurer's  Duties — Bond — Summary  Suspension:  The  treas- 
urer shall  prepare  and  submit  in  writing  a  monthly  report  of  the  conditions  of 
the  finances  of  the  district,  and  shall,  when  required,  produce  at  any  meeting 
of  the  board,  or  to  any  committee  appointed  for  the  purpose  of  examining 
his  account,  all  books  and  papers  pertaining  to  his  office.  Upon  failure  to 
make  reports,  as  required  by  law,  or  to  obey  the  orders  of  the  board  of  educa- 
tion, the  board  may,  at  any  meeting  of  the  board,  summarily  suspend  said 
treasurer  from  acting  as  treasurer  until  restored  by  order  of  the  board,  or  of 
a  judgment  of  a  court  of  competent  jurisdiction,  and  while  so  suspended,  no 
act  of  his,  as  treasurer,  shall  be  legal  or  binding  upon  the  board.  The  board 
may  immediately  appoint  some  suitable  person  to  act  as  treasurer  during  the 
suspension,  upon  the  said  appointee  giving  bond  and  taking  oath  of  office  as 
is  required  by  law,  of  the  regular  treasurer;  and  upon  demand  the  treasurer 
must  immediately  turn  over  to  the  acting  treasurer  all  books  and  papers  and 
other  property  pertaining  to  his  office.  He  shall  pay  moneys  only  upon  war- 
rants signed  by  the  president,  or,  in  his  absence,  by  the  vice-president,  and 

23 


countersigned  by  the  clerk,  and  shall  execute  a  bond  in  such  sum  as  the  board 
may  require,  with  sufficient  sureties  to  be  approved  by  the  board,  conditioned 
for  the  faithful  discharge  of  his  duties  as  treasurer  of  said  board.  (13.) 

Section  107.  Election  of  Superintendent  and  Teachers:  The  regular  elec- 
tion of  superintendent  and  teachers  shall  be  held  after,  the  first  Monday  in 
May  of  each  year,  and  at  said  time  the  board  may,  by  a  majority  vote,  elect 
a  superintendent  and  teachers  for  a  period  of  one  year,  and  said  board  may, 
at  any  of  such  meetings  by  a  three-fourths  vote,  elect  a  superintendent  for  a 
period  not  to  exceed  three  years,  and  all  superintendents  who  have  performed 
services  as  such  superintendent  in  independent  districts  in  this  state,  under  con- 
tract signed  by  a  majority  of  the  board  of  education  of  such  independent 
district,  and  such  contract  shall  be  valid.  The  board  shall  also  appoint  two 
competent  persons,  who,  with  the  superintendent  as  chairman  thereof,  shall  be 
styled  "the  examining  committee  of  the  board  of  education,"  whose  duty  it 
shall  be  to  examine  the  credentials  of  all  persons  who  apply  to  them  as  teachers. 
The  examining  board  shall  make  a  written  report  to  the  board  of  education, 
who  may  issue  a  certificate  to  the  person  applying,  or  may  require  any  or  all 
applicants  to  pass  such  an  examination  as  will  satisfy  the  board  and  the 
superintendent  as  to  their  competency  and  fitness  to  hold  such  position.  (Sec. 
1,  H.  B.  537,  Chap.  71,  L.  1915.) 

Section  108.  Property  Subject  to  Taxation:  The  taxable  property  of  the 
whole  city  or  incorporated  town,  including  the  territory  attached  for  school 
purposes,  shall  be  subject  to  taxation.  All  taxes  collected  for  the  benefit 
of  the  school  shall  be  placed  in  the  hands  of  the  treasurer,  subject  to  the  order 
of  the  board  of  education.  (15.) 

Section  109.  Time  of  Regular  Meetings:  The  regular  meetings  of  the 
board  of  education  shall  be  upon  the  first  Monday  of  each  month,  but  special 
meetings  may  be  held  from  time  to  time  as  circumstances  may  demand.  (16.) 

Section  110.  Annual  Report  to  County  Superintendent:  The  board  of  edu- 
cation, on  or  before  June  30th,  each  year,  shall  make  an  annual  report  to  the 
county  superintendent  of  public  instruction  of  the  progress,  prosperity  and  con- 
dition, financial  as  well  as  educational,  of  all  the  school  matters  under  their 
charge,  and  said  report  shall  be  printed  either  in  a  newspaper  or  in  pamphlet 
form.  (17.) 

Section  111.  To  Make  Purchases — Conditions  and  Penalty:  No  expendi- 
ture involving  an  amount  greater  than  two  hundred  dollars  shall  be  made  ex- 
cept in  accordance  with  the  provisions  of  a  written  contract,  and  no  contract 
involving  an  expenditure  of  more  than  five  hundred  dollars  for  the  purpose 
of  erecting  any  public  buildings  or  making  any  improvements  shall  be  made 
except  upon  sealed  proposals  and  to  the  lowest  responsible  bidder.  Should  the 
board  of  education  violate  this  provision  of  this  article,  they  shall  be  dis- 
qualified from  further  service  on  said  board.  (18.) 

Section  112.  May  Issue  Bonds:  Whenever  it  shall  become  necessary  for 
the  board  of  education  of  any  school  district  in  which  is  included  in  whole 
or  in  part  a  city  of  the  first  class,  to  raise  sufficient  funds  for  the  purchase 
of  a  school  site  or  sites,  or  to  erect  or  purchase  and  equip  a  suitable  school 
building  or  buildings,  or  both,  it  shall  be  lawful  for  such  board  of  education 
of  such  city  to  borrow  money  for  which  they  are  hereby  authorized  and  em- 
powered to  issue  bonds,  bearing  a  rate  of  interest  not  exceeding  five  per  cent, 
per  annum,  payable  semi-annually  at  such  place  as  may  be  shown  on  the  face 
of  such  bonds;  which  bonds  shall  be  payable  in  not  more  than  twenty-five 
years  from  their  date;  and  the  board  of  education  is  hereby  authorized  and 
empowered  to  sell  such  bonds  at  not  less  than  their  par  value:  Provided, 
that  before  any  bonds  shall  be  issued,  the  mayor  of  the  city,  composing  in 
whole  or  in  part  such  school  district,  shall  /ause  an  election  to  be  held  in 
such  district,  as  hereinafter  provided.  (19.) 

Section  113.  Mayor  to  Call  Election:  It  shall  be  the  duty  of  the  mayor 
of  each  city  governed  by  this  article,  upon  the  request  of  the  board  of  educa- 
tion^ forthwith  to  call  an  election  to  be  conducted  in  all  respects  as  are 
special  elections  for  city  officers  in  the  same  city,  except  that  the  returns 

24 


shall  be  made  to  the  board  of  education  for  the  purpose  of  taking  the  sense 
of  such  district  upon  the  question  of  issuing  such  bonds,  naming  in  the 
proclamation  of  such  election  the  amount  of  bonds  to  be  voted  on  and  the 
purpose  for  which  they  are  to  be  issued;  and  he  shall  cause  to  be  published 
in  a  newspaper  of  general  circulation  published  in  the  said  district  the  time 
and  place  of  such  election,  such  notice  to  be  given  at  least  ten  days  before 
such  election.  (20.) 

Section  114.  Qualified  Electors:  On  the  question  of  issuance  of  said 
bonds  no  person  shall  be  qualified  to  vote  unelss  he  be  in  all  respects  a  quali- 
fied elector  in  such  district.  In  case  a  majority  of  the  voters  thereof  voting 
at  such  city  election  shall  vote  affirmative  for  the  issuance  of  said  bonds, 
then  the  said  board  shall  issue  the  same  and  not  otherwise.  (21.) 

Section  115.  Bond  Provisions:  The  said  bonds  shall  contain  all  neces- 
sary provisions  as  to  form;  and  such  school  district  shall,  before  or  at  the 
time  of  the  issuance  of  the  same,  provide  for  the  collection  of  an  annual  tax 
sufficient  to  pay  the  interest  on  such  indebtedness  as  it  falls  due,  and  also  to 
institute  a  sinking  fund  for  the  payment  of  the  principal  thereof  within  the 
time  for  which  the  said  bonds  are  to  run:  Provided,  that  no  indebtedness 
shall  ever  be  incurred  to  an  amount,  including  this  indebtedness,  exceeding  in 
the  aggregate  five  per  cent  of  the  valuation,  of  the  taxable  property  of  such 
district,  to  be  ascertained  from  the  last  assessment  for  state  and  county  pur- 
poses, previous  to  the  incurring  of  such  indebtedness.  (22.)  • 

Section  116.  Bonds— Other  Provisions:  The  bonds,  the  issuance  of  which 
is  provided  in  the  preceding  section,  shall  be  signed  by  the  president,  attested 
by  the  clerk  and  countersigned  by  the  treasurer  of  the  board  of  education,  and 
shall  have  endorsed  thereon  a  certificate  signed  by  the  county  clerk  or  other 
officer  authorized  by  law  to  sign  such  certificate  and  the  county  attorney  of 
the  county  wherein  such  district  is  located,  stating  that  said  bonds,  or  evidence 
of  debt,  is  issued  pursuant  to  law  and  that  said  issue  is  within  the  debt  limit: 
Provided,  that  each  of  said  bonds  shall  be  for  a  sum  of  not  less  than  one 
hundred  dollars.  (23.) 

Section  117.  Oath  of  Office:  Each  member  of  the  board  of  education  and 
officer  provided  for  in  this  article  shall  take  and  subscribe  to  the  following 
oath:  "I, ,  hereby  declare  under  oath  that  I  will  faithfully  per- 
form the  duties  of of  school  district ,  county  of , 

to  the  best  of  my  ability,  and  that  I  will  faithfully  discharge  all  the  duties 
pertaining  to  said  office  and  obey  the  constitution  and  laws  of  the  United 
States  and  of  Oklahoma."  (24.) 

Section  118.  May  Reimburse  City  for  Buildings  and  Site:  The  board  of 
education  of  any  city,  or  of  any  school  district  containing  within  its  boundaries 
an  incorporated  town  which  has  heretofore  become  indebted  by  issuing  bonds 
for  the  purpose  of  building  and  furnishing  school  houses,  or  purchasing  sites 
therefor,  may  issue  bonds  and  borrow  money  thereon  and  reimburse  from  the 
proceeds  thereof,  said  city  or  town.  Said  bonds  shall  be  authorized  in  the 
manner  and  under  the  procedure,  and  of  the  condition  and  terms  as  is  now 
authorized  by  law:  Provided,  that  whenever  any  board  of  education  or  any 
school  district  shall  have  reimbursed  any  city  or  town  as  aforesaid,  the  proper 
officers  thereof  shall  immediately  convey  by  good  and  sufficient  deed  all  the 
title  and  interest  of  said  city  or  town  in  and  to  said  school  property,  the  effect 
of  which  shall  be  immediately  to  divest  said  city  or  town  of  any  right  in 
or  to  said  property  and  to  vest  the  same  absolutely  in  said  board  of  education 
or  said  school  district.  (25.) 

Section  119.  Limit  of  Indebtedness:  Tt  shall  be  lawful  for  the  board  of 
education  of  any  city  or  any  school  district  to  become  indebted  for  any  purpose 
as  now  provided  by  law  in  a  sum  not  in  excess  of  five  per  centum  of  the  as- 
sessed valuation  of  the  taxable  property  within  the  boundaries  thereof,  as 
shown  by  the  last  preceding  assessment  taken  for  the  purpose  of  taxation. 
(26.) 

Section  120.  Qualified  Voters:  That  all  elections  hereafter  held  in  cities 
of  the  first  class  in  this  state  for  the  election  of  members  of  the  board  of 

25 


education,  treasurer  of  the  board  of  education,  and  all  elective  school  officers, 
the  following  persons  shall  be  qualified  and  entitled  to  vote  at  such  election 
and  for  the  class  of  officers  above  named,  to-wit:  All  persons,  nale  or  female, 
over  the  age  of  twenty-one  years  who  possess  the  other  qualifications  pre- 
scribed by  the  organic  act  and  general  election  laws  of  the  state  of  Okla- 
homa. (27.) 

Section  121.  Separate  Ballot:  At  all  such  elections  a  separate  ballot  for 
the  class  of  officers  designated  in  the  preceding  section  shall  be  provided  and 
a  separate  ballot  box  provided  for  the  reception  of  such  ballots,  but  the  votes 
shall  be  received  at  the  regular  polling  place  or  places  and  be  under  the  super- 
vision of  the  same  election  board  as  the  ballots  cast  for  other  elective  officers 
at  that  election.  (28.) 

Section  122.  Investment  of  Sinking  Fund:  All  moneys  raised  for  the 
purpose  of  creating  a  sinking  fund  for  the  final  redemption  of  all  bonds  issued 
under  this  article  shall  be  invested  annually  by  the  board  of  education  in 
bonds  of  the  state  of  Oklahoma,  or  of  the  United  States,  or  the  board  may  buy 
and  cancel  the  bonds  of  the  districts  whenever  such  may  be  purchased  at  or 
below  par.  (29.) 

Section  123.  Payment  of  Coupons:  Whenever  the  interest  coupons  of  the 
bonds  hereinbefore  authorized  shall  become  due,  they  shall  be  promptly  paid 
on  presentation  by  the  treasurer,  out  of  any  money  in  his  hands  collected  for 
that  purpose,  and  he  shall  endorse  upon  the  face  of  such  coupon  in  red  ink  the 
word  "Paid"  and  the  date  of  payment  and  sign  the  initials  of  his  name. 

Section  124.  Property:  The  school  fund  and  property  of  such  city  and 
territory  attached  for  school  purposes  is  hereby  pledged  to  the  payment  of  the 
interest  and  principal  of  the  bonds  mentioned  in  this  article,  as  the  same  may 
become  due.  (31.) 

Section  125.  Registration  of  Bonds  and  Warrants:  It  shall  be  the  duty 
of  the  clerk  of  the  board  of  education  to  register  in  a  book  provided  for  that 
purpose,  the  bonds  issued  under  this  article,  and  all  warrants  issued  by  the 
board,  which  said  register  shall  show  the  number,  date  and  amount  of  said 
bond,  and  to  whom  made  payable.  (32.) 

^  Section  126.  To  Prepare  Estimate  for  Tax  Levy — When:  Boards  of  edu- 
cation of  cities  of  the  first  class,  shall,  on  or  before  the  second  Tuesday  of  May. 
of  each  year,  prepare  a  budget  of  the  amount  of  money  that  will  be  required 
to  be  raised  by  taxation  for  the  support  and  maintenance  of  the  schools  of 
school  districts  controlled  by  boards  of  education  of  cities  of  the  first  class 
for  the  ensuing  fiscal  year.  Provided,  however,  that  cities  of  the  first  class 
which  elect  at  any  election  fewer  than  one-half  of  its  membership,  may  on 
or  before  the  second  Tuesday  of  May,  each  year,  prepare  such  a  budget  and  call 
an  election  as  prescribed  in  the  following  sections  of  this  act.  (Sec.  1,  H.  B. 
414,  chap.  192,  L.  1915.) 

Section  127.  Excess  Levy  and  Election:  If  the  assessed  valuation  of  said 
school  districts  controlled  by  boards  of  education  in  the  cities  of  the  first 
class  for  the  current  fiscal  year  is  not  sufficient  by  a  levy  of  five  mills  to 
create  the  fund  as  determined  in  the  budget  as  prepared  by  virtue  of  Section 
1,  of  this  act,  the  board  of  education  shall  determine  the  amount  of  excess 
levy  above  the  five  mills  that  will  be  required  to  raise  the  amount  as  deter- 
mined by  the  assessed  valuation  for  the  current  fiscal  year.  Within  ten  days 
after  the  amount  of  such  excess  levy  has  been  determined,  the  board  of  educa- 
tion shall  issue  a  call  for  and  hold  an  election  in  May  for  the  purpose  of  voting 
on  said  excess  levy.  Said  election  shall  be  called  by  the  board  of  education 
in  the  manner  provided  by  law  for  calling  special  elections  in  cities  of  the  first 
class.  (Sec.  2,  H.  B.  414,  chap.  192,  L.  1915) 

Section  128.  Record  to  Be  Attached  to  Estimate  Sheet:  If  a  majority 
of  those  voting  on  said  excess  levy  shall  vote  in  favor  thereof  at  the  election 
held  as  provided  by  section  2  of  this  act,  then  it  shall  be  the  duty  of  the  board 
of  education  to  attach  to  the  estimate  sheet,  when  making  the  estimate  re- 
quired by  law,  a  transcript  showing  the  record  of  the  board  of  education  in 

26 


calling  the  election,  and  the  returns  received  from  said  election.  It  shall 
then  be  the  duty  of  the  county  excise  board,  if  any  excess  levy  be  required 
to  raise  the  amount  of  the  estimate  as  approved  by  the  board  of  education  to 
make  such  excess  levy  in  such  an  amount  as  will  be  required  to  produce  the 
amount  of  the  approved  estimate  not  to  exceed,  however,  the  amount  of  such 
excess  levy  as  has  been  voted  as  provided  by  section  127  of  this  article.  (Sec. 
3,  H  B.  414,  chap.  192,  L.  1915.) 

Section  129.  Not  to  Employ  Teachers  Until  After  Amount  of  Levy  Deter- 
mined: For  the  purpose  of  preventing  a  deficiency  in  the  revenues  of  boards 
of  education  in  cities  of  the  first  class,  no  contract  shall  be  made  with  teachers 
until  after  the  election  has  been  held  as  provided  by  section  2  of  this  act: 
Provided,  that  the  provisions  of  this  act  shall  not  apply  to  cities  of  over 
fifty  thousand  population,  as  now  hereafter  shown  by  the  last  federal  census, 
and  shall  in  no  way  be  construed  as  amending  or  repealing  any  of  the  provi- 
sions of  law  applying  to  such  cities.  (Sec.  4,  IT.  B.  414,  chap.  192,  L  1915) 

Section  130.  Boards  Shall  Provide  Playgrounds:  Boards  of  education  in 
independent  school  districts  and  in  cities  of  the  first  class,  of  ten  thousand 
population  or  over,  are  hereby  authorized  to  establish  and  maintain  for  children 
and  adults  public  recreation  places  and  playgrounds  in  the  public  school  build- 
ings, on  the  public  school  grounds,  on  other  public  property  under  the  custody 
and  management  of  such  boards;  on  suitable  and  desirable  private  property, 
by  and  with  the  consent  of  the  owners,  and  in  public  parks,  public  libraries, 
or  public  property  of  whatsoever  sort,  by  and  with  the  consent  of  the  author- 
ities having  the  custody  and  management  of  such  public  property.  (Sec.  1, 
H  B.  206,  chap.  35,  L.  1915.) 

Section  132.  Shall  Make  Estimate:  Said  boards  of  education  are  hereby 
authorized  to  include  in  their  annual  estimate  such  sums  as  they  may  deem 
proper  for  the  support  of  these  recreation  places  and  playgrounds  within  the 
constitutional  and  statutory  limitations  and  restrictions  as  to  taxation  within 
such  school  districts,  and  the  county  excise  boards  are  hereby  authorized  to 
make  such  levy  for  said  purposes.  (Sec.  2,  H.  B.  206,  chap.  35,-  L.  1915.) 

Section  133.  If  Board  Refuses,  People  May  Initiate:  If  any  board  of 
education  shall  neglect  or  refuse  to  proceed  as  authorized  in  this  act,  question 
of  their  action  as  herein  authorized  shall,  upon  petition  to  that  effect,  signed 
by  not  less  than  fifteen  per  cent  of  the  number  of  voters  voting  at  the  last 
preceding  school  election  in  such  district,  be  submitted  to  the  electors  of  the 
school  district  at  the  next  school  election  of  any  sort  held  therein,  and  if  the 
majority  of  votes  cast  upon  such  proposition  shall  be  in  favor  thereof,  then 
the  board  of  education  shall  include  in  their  estimate  for  the  next  fiscal  year 
funds  for  conducting  such  work  and  shall  proceed  to  undertake  and  organize 
the  work  as  authorized  in  this  act.  (Sec.  3,  H.  B.  206,  chap.  35,  L.  1915.) 

Section  134.  Procedure  if  Funds  Are  Inadequate:  If  any  board  of  edu- 
cation is  unable,  on  its  regular  funds,  to  establish  and  maintain  such  activities 
as  authorized  in  section  130,  above,  they  may  submit,  and  upon  petition  to  that 
effect  signed  by  not  less  than  fifteen  per  cent  of  the  number  of  voters  voting 
at  last  preceding  school  election,  shall  submit  to  the  electors  of  such  school 
districts  at  the  next  school  election  of  any  sort  held  therein,  the  question  of 
levying  a  tax  not  to  exceed  one-half  mill  upon  each  dollar  of  the  assessed 
valuation  of  all  property,  real  and  personal,  in  said  district,  subject  to  taxa- 
tion, to  be  used  for  the  purposes  mentioned  in  this  act.  If  a  majority  of  the 
votes  cast  upon  such  a  proposition  at  such  election  be  in  favor  thereof,  the 
tax  shall  be  levied  and  collected  at  the  same  time  and  in  the  same  manner  as 
other  taxes  are  levied  and  collected  for  school  purposes.  And  said  tax  shall 
not  be  used  or  appropriated  directly  or  indirectly  for  any  other  purpose  than 
those  provided  in  this  act.  (Sec  4,  H.  B.  206,  chap  35,  L.  1915.) 

Section  135.  Tax  Levy  Perpetual:  After  the  question  of  the  levy  and 
collection  of  such  special  tax  has  been  submitted  and  approved  as  provided  in 
this  act,  the  authority  shall  remain,  and  such  tax  shall  be  levied  and  collected 
annually  until  such  time  as  the  voters  of  the  school  district  shall,  by  majority 
vote,  order  the  discontinuance  of  the  levy  and  collection  of  such  tax.  The 
question  of  the  discontinuance  of  the  levy  and  collection  of  such  tax  shall  be 

27 


submitted  to  the  voters  in  the  same  manner  as  the  proposition  to   authorize 
the  levy  and  collection  of  said  tax.     (Sec.  5,  H.  B.  206,  chap  35,  L  1915) 

Section  136.  May  Extend  Other  Funds:  The  board  of  education  in  any 
district  governed  by  this  act  is  also  empowered  to  receive  and  expend  for  the 
purpose  of  this  act  any  sums  of  money  appropriated  and  turned  over  to  them 
by  the  city  council  or  commissioners  of  any  city  containing,  or  contained  in 
such  school  district  for  such  purposes;  and  the  city  council  or  commissioners 
of  such  city  having  a  population  of  ten  thousand  or  over  shall  have  authority 
to  appropriate  and  turn  over  to  the  board  of  education  of  the  school  district 
containing,  or  contained  in,  such  city,  any  reasonable  sums  of  money  which 
the  said  council  or  commissioners  may  desire  to  appropriate  out  of  the  general 
funds  of  such  city,  and  turn  over  to  the  said  board  of  education  for  the  pur- 
poses herein  set  forth.  (Sec.  6,  H.  B.  206,  chap.  35,  L.  1915.) 

Section  137.  May  Accept  Gifts,  etc.:  Said  boards  of  education  may  ac- 
cept gifts,  donations  and  bequests  of  property,  and  money  to  be  used  for  the 
purposes  contemplated  by  this  act,  upon  such  terms  and  conditions,  not  in 
conflict  with  the  constitution  and  laws  of  this  state,  as  may  be  agreed  upon 
by  the  said  board  of  the  one  part  and  the  donors  of  the  other  part.  The 
title  of  the  property  so  given,  donated  or  bequeathed  shall  be  vested  in  said 
boards  of  education.  (Sec.  7,  H.  B.  206,  chap.  35,  L.  1915.) 

Section  138.  Invalidity  of  Part  Not  to  Affect  the  Whole:  The  invalidity 
of  any  portion  of  this  act  (Sees.  130-138.)  shall  not  affect  the  validity  of  any 
other  portion  thereof  which  can  be  given  effect  without  such  invalid  parts. 
(Sec.  8,  H.  B.  206,  chap.  35,  L.  1915.) 


ARTICLE  VII. 

Consolidated  Districts. 


Section  139.  Formation  of  District  and  Election  of  Officers:  A  meeting 
of  the  voters  of  any  two  or  more  adjacent  school  districts,  or  parts  of  districts 
or  territory,  may  be  called  for  the  purpose  of  voting  on  the  proposition  of 
uniting  with  the  other  adjacent  districts,  for  the  purpose  of  establishing  a 
consolidated  school,  said  call  to  be  made  by  the  county  superintendent  of 
public  instruction,  upon  petition  signed  by  one-half  of  the  legal  voters  residing 
in  each  district  of  the  territory  proposed  to  be  included  in  the  consolidated  dis- 
trict. The  meeting  shall  be  held  at  some  convenient  point  to  be  named  by  such 
county  superintendent.  Notices  of  said  special  meeting  shall  be  posted  in  at 
least  five  public  places  in  each  of  the  districts,  or  parts  of  districts,  proposed 
to  be  consolidated,  and  also  by  publication,  for  at  least  two  consecutive  weeks 
in  a  weekly  paper,  if  same  be  published  in  the  school  district,  and  in  addition 
thereto,  notices  of  said  special  meeting  shall  be  mailed  by  such  county  super- 
intendent to  each  voter  residing  in  the  districts  proposed  to  be  consolidated. 
The  meeting  shall  have  authority  to  elect  a  chairman  and  secretary.  If  a 
majority  of  the  votes  cast  at  said  special  meeting  shall  be  in  favor  of  such 
consolidation,  they  shall  then  proceed  to  elect  a  director,  clerk  and  member 
of  such  consolidated  district,  and  the  clerk  of  said  special  meeting  shall  there- 
upon make  a  written  report  of  such  action  to  the  county  superintendent  of 
public  instruction  of  the  county  in  which  the  said  districts  are  located.  No 
consolidated  district  shall  be  formed  containing  an  area  of  less  than  twenty- 
five  square  miles  and  an  assessed  valuation  of  less  than  three  hundred  thou- 
sand dollars:  Provided,  that  all  or  a  part  of  any  district  adjacent  to  a  con- 
solidated district  shall  be  attached  to  and  become  a  part  of  such  consolidated 
district  upon  petition  to  the  county  superintendent  signed  by  a  majority  of  the 

28 


legal  voters  of  such  territory  desiring  to  be  attached  and  by  the  board  of  di- 
rectors of  such  consolidated  district.     (1.) 

NOTE — Persons  signing  petitions  to  form  consolidated  district  may  withdraw 
name  from  petition  before  petition  is  passed  upon  by  the  county  superintendent. 
(5-5-14.) 

Section  140.  Districts  Declared  Disorganized:  The  county  superintendent 
of  public  instruction,  shall  upon  receipt  of  the  report,  as  provided  in  the 
preceding  section,  declare  said  districts  disorganized,  and  the  consolidated 
district  organized,  to  form  a  consolidated  district  composed  of  the  several 
districts  voting  to  unite:  Provided,  that  in  the  formation  of  consolidated 
districts  comprising  territory  lying  in  more  than  one  county,  the  county  super- 
intendents of  public  instruction  of  said  counties  shall  act  together  in  the  same 
manner  as  provided  by  law  in  the  formation  and  control  of  joint  districts,  and 
at  said  meeting  of  the  voters  of  the  newly  organized  school  district,  shall 
select  a  building  site  as  near  the  center  of  population  of  such  consolidated 
district  as  practicable.  (2.) 

Section  141.  Officers  and  Terms:  The  officers  of  each  consolidated  dis- 
trict shall  be  a  director,  a  clerk  and  a  member,  who  shall  constitute  a  district 
board  and  who  shall  be  elected  and  hold  their  respective  offices  as  follows:  At 
the  meeting  provided  for  in  the  second  preceding  section,  there  shall  be  elected 
a  director,  clerk  and  member  whose  term  of  office  shall  expire  at  the  same 
time  as  the  term  of  like  officers  of  other  school  districts:  Provided,  that  where 
more  than  two  districts  unite,  not  more  than  one  member  of  the  board  shall 
be  elected  from  the  territory  of  any  one  of  the  disorganized  districts.  (3.) 

Section  142.  Powers  and  Duties  of  the  Board:  The  powers  and  duties 
of  the  district  board  herein  provided  and  of  the  several  officers  shall  be  the 
same  as  those  provided  by  law  for  school  districts  and  their  several  officers 
and  in  addition  it  shall  be  the  duty  of  said  district  board  to  provide  trans- 
portation to  and  from  school  for  all  pupils  residing  two  or  more  miles  there- 
from, in  suitable  vehicles  of  ample  size,  with  comfortable  seats,  arranged  to 
conform  to  the  size  of  the  pupils  to  be  carried,  with  adjustable  covers  for  the 
comfort  and  protection  of  the  pupils,  drawn  by  stout,  gentle  teams,  driven  by 
competent  persons  of  good  moral  character,  who  shall  have  control  of  the 
pupils  during  their  transportation.  Provided,  that  any  consolidated  school 
district  may,  by  a  majority  vote  of  the  legal  voters  present  and  voting  at  any 
annual  meeting,  provide  free  transportation  for  all  pupils  under  ten  years  of 
age,  in  said  district  whether  living  more  than  two  miles  or  not,  and  such  free 
transportation  shall  then  be  furnished  to  all  pupils  under  ten  years  of  age 
residing  in  the  district  until  a  change  shall  be  ordered  at  an  annual  meeting  of 
such  district  by  a  majority  vote  of  all  the  legal  voters  present  and  voting  at 
such  meeting.  Provided,  further,  that  all  independent  school  districts  having 
the  area,  population  and  assessed  valuation  equal  to  that  required  of  con- 
solidated school  districts,  as  provided  by  law,  shall  have  the  authority  to 
provide  transportation  for  pupils,  as  provided  by  law.  (Sec.  1,  H.  B.  29,  chap. 
36,  L.  1915.) 

NOTE — Pupils  transferred  to  a  consolidated  school  district  have  the  same 
privileges  of  transportation  as  pupils  residing  in  such  district.  (10-14-14.) 

Section  143.  Disposition  of  Indebtedness:  If  any  school  district  uniting 
to  form  a  consolidated  district  shall  have,  at  the  time  of  its  disorganization, 
a  legally  bonded  indebtedness,  such  indebtedness  shall  attach  to  and  become  a 
charge  against  the  territory  comprised  in  such  disorganized  district  at  the 
time  of  the  disorganization,  and  it  shall  be  the  duty  of  the  county  excise 
board  of  the  county  or  counties  in  which  such  territory  is  located  to  cause 
annually  to  be  levied  upon  the  property,  real  and  personal,  in  such  disorganized 
territory,  a  tax  sufficient  to  meet  the  interest  and  provide  a  sinking  fund 
for  the  payment  of  such  indebtedness:  Provided,  that  the  assets  and  prop- 
erty of  any  disorganized  district  having  an  indebtedness  shall  first  be  applied 
in  payment  of  its  floating  indebtedness,  if  any,  and  then  its  bonded  indebted- 
ness, and  the  residue,  if  any,  shall  belong  to  the  consolidated  district.  (5.) 

Section  144.  Disposition  of  Property:  The  school  property  of  the  disor- 
ganized district  shall,  upon  the  organization  of  the  consolidated  district,  be- 
come the  property  of  said  district,  except  as  hereinbefore  provided,  and  the 

29 


district  board  of  said  district  is  hereby  authorized  to  dispose  of  said  property 
to  the  best  interests  of  said  district.     (6.) 

Section  145.  Annual  Meeting:  The  annual  meeting  of  said  consolidated 
district  shall  be  held  on  the  same  date  as  fixed  by  law  for  holding  the  annual 
school  meetings  of  each  year  at  the  school  house  belonging  to  the  said  district, 
at  two  o'clock  p.  m.,  and  close  at  six  o'clock  p.  m.  They  shall  have  such  pow- 
ers and  duties  as  are  by  law  provided  for  annual  school  district  meetings.  (7.) 

Section  146.  School  District  Laws  Applicable:  In  all  matters  relating  to 
consolidated  school  districts  not  provided  for  in  the  preceding  sections,  the 
law  relating  to  school  districts  shall  be  in  force  where  said  laws  are  appli- 
cable. (8.) 

Section   147.     To   Be   a  Body   Corporate:     A    consolidated   district,   when 

formed,  shall  be  known  as  "Consolidated  school  district  No ,  county 

of ,   state   of   Oklahoma,"   and   shall  be   a  body  corporate   with 

power  to  sue  and  be  sued.     (9.) 

Section  148.  State  Aid  Fund:  All  lands  and  funds  that  have  heretofore 
been,  or  may  hereafter  be,  derived  from  the  sale  thereof,  embraced  in  sec- 
tion 33,  according  to  the  United  States  survey  located  in  Greer  county,  as  the 
county  existed  prior  to  November  16,  1907  together  with  all  lands  selected  in  lieu 
thereof,  and  the  proceeds  of  all  rentals,  interest  and  sales  accrued,  or  that  may 
accrue  therefrom,  shall  be  set  aside  and  credited  to  a  fund  which  is  hereby 
created,  to  be  known  as  the  "union  graded  or  consolidated  school  district 
fund,"  the  same  to  be  used  only  to  assist  in  constructing  or  paying  for  school 
buildings  for  consolidated  school  districts  that  have  been,  or  may  hereafter 
be,  constructed  under  existing  laws  pertaining  to  union  graded  or  consolidated 
school  districts.  (10.) 

Section  149.  Land  to  Be  Sold:  The  commissioners  of  the  land  office  are 
authorized  and  directed  to  sell  and  convey  all  lands  described  and  set  aside 
in  section  10  of  this  article;  same  to  be  sold  under  the  provisions,  limitations, 
exceptions,  rules  and  regulations  of  lands  sold  under  amended  senate  bill 
No.  1,  approved  March  2,  1909,  the  same  being  article  2  of  chapter  28  of  the 
session  laws  of  Oklahoma,  1909,  or  as  may  hereafter  be  provided  by  law.  (11.) 

Section  150.  Disbursement:  Such  funds  as  have  now  accrued  by  virtue 
of  rentals,  and  such  as  may  hereafter  accrue  by  virtue  of  rentals,  and  the  pro- 
ceeds of  sale  and  interest  thereon,  prior  to  January  1,  1913,  are  hereby  appro- 
priated and  placed  at  the  disposal  of  the  state  board  of  education,  subject  to 
the  conditions  and  limitations  contained  in  this  article.  (12.) 

Section  151.  To  Make  Rules  and  Regulations:  The  state  board  of  educa- 
tion, in  apportioning  said  funds,  shall  make  such  rules  and  regulations  as  shall 
ultimately  result  in  a  fair  and  equitable  distribution  of  said  fund  to  the  dif- 
ferent counties  in  the  state  in  proportion  as  nearly  as  may  be  possible  to 
the  scholastic  population  outside  of  cities  of  the  first  class.  (13.) 

Section  152.  Requirements  to  Be  Met:  In  any  consolidated  school  dis- 
trict that  has  been  formed  for  a  term  of  not  less  than  six  scholastic  months, 
and  has  employed  at  least  three  teachers,  and  has  an  actual  attendance  during 
said  term  of  not  fewer  than  one  hundred  and  thirty  scholastic  pupils  residing 
within  the  boundary  of  said  district  (the  district  having  furnished  free  trans- 
portation to  such  as  are  contemplated  by  the  law  provided  for  consolidated 
school  districts)  and  that  has  already  constructed  and  furnished  a  suitable 
building  of  not  fewer  than  three  rooms,  upon  making  proof  of  compliance 
with  the  foregoing  provisions  approved  by  the  state  superintendent  of  public 
instruction,  shall  have  drawn  by  the  state  auditor  upon  the  state  treasury 
against  said  building  fund  in  favor  of  the  treasurer  of  said  consolidated  school 
district,  a  warrant  for  a  sum  not  to  exceed  one-half  the  cost  of  said  building; 
provided,  that  in  no  case  shall  any  district  leceive  a  sum  exceeding  twenty- 
five  hundred  ($2,500.00)  dollars  from  the  appropriation  herein  made;  provided, 
that  the  state  board  of  education  may  decrease  this  amount  if  in  its  judgment 
the  amount  is  greater  than  the  fair  proportion  belonging  to  one  district. 
And,  in  any  union  graded  district  that  has  been  formed  for  a  term  of  not 
less  than  six  scholastic  months  and  has  employed  at  least  two  teachers  and 

30 


has  an  actual  attendance  during  the  said  term  of  not  fewer  than  forty  scholas- 
tic pupils  residing  within  the  boundary  of  said  district,  and  that  has  already 
constructed  and  furnished  a  suitable  building  of  not  less  than  two  rooms, 
upon  making  proof  of  compliance  with  the  foregoing  provisions  approved  by 
the  state  superintendent  of  public  instruction,  shall  have  drawn  by  the  state 
auditor  upon  the  state  treasury  against  said  building  fund  in  favor  of  the 
treasurer  of  said  union  graded  district,  a  warrant  for  a  sum  not  to  exceed  one- 
half  the  cost  of  said  building;  provided,  that  in  no  case  shall  any  district 
receive  a  sum  exceeding  twelve  hundred  fifty  ($1,250.00)  dollars,  from  the  ap- 
propriation herein  made;  provided,  that  the  state  board  of  education  may  de- 
crease this  amount  if  in  its  judgment  the  amount  is  greater  than  the  fair 
proportion  belonging  to  one  district;  and  provided  further,  that  should  such 
district  consolidate  after  a  union  graded  school  has  been  formed,  the  amount 
received  from  the  state  fund  shall  be  deducted  from  the  proportionate  amount 
allowed  a  consolidated  district  under  this  act.  (Sec.  2,  H.  B.  134,  chap,  187, 
L.  1915.) 

Section  153.  Other  Requirements:  AVhenever  a  consolidated  school  dis- 
trict of  not  less  than  twenty-five  (25)  square  miles  in  area  shall  have  been 
established  and  conducted  for  a  period  of  not  less  than  six  months  under  the 
terms  of  existing  laws  with  reference  to  the  consolidation  of  schools,  and  a 
building  containing  not  fewer  than  three  rooms,  suitably  constructed,  equipped 
and  furnished,  shall  have  been  built,  and  a  graded  school  employing  not  less 
than  three  teachers  shall  have  been  conducted  for  a  term  of  not  less  than  six 
months,  upon  making  proof  of  compliance  with  the  foregoing  provisions  ap- 
proved by  the  state  superintendent  of  public  instruction  shall  have  drawn  a 
warrant  in  favor  of  the  district  treasurer  as  provided  in  section  1  of  this  act. 
And,  whenever  a  union  graded  school  district  of  not  less  than  twenty-five  (25) 
square  miles  in  area  shall  have  been  established  and  conducted  for  a  period 
of  not  less  than  six  months  under  the  terms  of  existing  laws  with  reference 
to  union  graded  schools,  and  a  building  containing  not  less  than  two  rooms, 
suitably  constructed,  equipped  and  furnished,  shall  have  been  built,  and  a 
graded  school  employing  not  less  than  two  teachers  shall  have  been  conducted 
for  a  term  of  not  less  than  six  months,  upon  making  proof  of  compliance  with 
the  foregoing  provisions  approved  by  the  state  superintendent  of  public  in- 
struction shall  have  drawn  a  warrant  in  favor  of  the  district  treasurer  as 
provided  in  section  2  of  this  act.  (Sec.  3,  H.  B.  134,  chap.  187,  L.  1915.) 

Section  154.  State  Aid — Supplementary  Act:  All  moneys  hereafter  re- 
ceived from  the  sale  or  rentals  of  section  33  and  lands  granted  in  lieu  thereof, 
constituting  and  known  as  the  "public  building  fund"  in  excess  of  the 
amounts  required  for  the  payment  of  all  outstanding  bonds  and  interest 
thereon,  which  have  been  issued  and  sold  in  accordance  with  chapter  89  of  the 
session  laws  of  Oklahoma  1911,  prior  to  the  passage  and  approval  of  this  act, 
are  hereby  transferred  and  set  aside  and  shall  be  credited  to  the  "union  graded 
or  consolidated  school  fund,"  the  same  to  be  used  only  to  assist  in  constructing 
or  paying  for  school  buildings  for  consolidated  school  districts  that  have  been 
or  may  be  constructed  under  existing  laws  pertaining  to  consolidated  school 
districts,  as  provided  in  chapter  112,  session  laws  of  Oklahoma  1911  (Sees. 
148-151  above):  Provided,  that  all  funds  as  provided  for  in  this  act  shall  be 
equitably  prorated  to  the  several  counties  of  this  state  based  on  the  scholastic 
population  thereof  outside  cities  of  the  first  class.  (Sec.  1,  chap.  34,  session 
laws  1913.) 

Section  155.  County  Superintendent  May  Call  Election  to  Dissolve:  The 
county  superintendent  of  public  instruction  may,  upon  petition  of  one-half  of 
the  legal  voters  of  any  consolidated  school  district,  call  an  election  at  some 
convenient  place  in  said  consolidated  school  district  for  the  purpose  of  voting 
on  the  question  of  whether  such  consolidated  school  district  shall  be  dis- 
solved. Notice  of  said  election  shall  be  given  by  having  written  or  printed 
notices  posted  in  at  least  five  public  places  in  such  consolidated  school  district 
at  least  ten  days  prior  to  said  election.  (Sec.  1,  H.  B.  581,  chap.  202,  L.  1915.) 

Section  156.  District  Dissolved — When:  If  sixty  (60)  per  cent  of  the 
voters  of  such  consolidated  district  at  the  election,  held  as  provided  by  the 
first  section  of  this  act,  shall  vote  to  dissolve  the  consolidated  school  district, 
the  clerk  of  said  special  election  shall  report  such  fact  to  the  county  superin- 

31 


tendent  of  public  instruction.  The  said  county  superintendent  shall  then  de- 
clare such  consolidated  school  district  dissolved,  and  that  the  original  school 
districts  which  had  united  in  forming  said  consolidated  school  district  will 
thereupon  be  revived  and  it  shall  be  the  duty  of  the  said  county  superintend- 
ent to  appoint  persons  to  fill  all  vacancies  in  the  school  boards  for  each  of 
the  school  districts,  who  shall  serve  for  the  respective  terms  as  other  like 
officers  in  other  school  districts.  (Sec.  2,  H.  B.  581,  chap.  202,  L.  1915.) 

Section  157.  Payment  of  Indebtedness:  If  any  consolidated  school  dis- 
trict at  the  time  of  its  dissolution  shall  have  received  state  aid  as  provided 
in  sections  14  and  15  of  chapter  219,  article  7,  session  laws  of  1913  (Sees. 
152-153  above)  or  shall  have  a  legally  bonded,  or  warrant  indebtedness,  such  in- 
debtedness shall  be  distributed  among  the  various  school  districts  composing 
consolidated  districts  in  proportion  to  the  assessed  valuation  of  each  of  the 
districts  to  the  assessed  valuation  of  the  consolidated  school  district  for 
the  past  fiscal  year,  and  such  indebtedness  shall  attach  to  and  become  a 
part  of  the  different  school  districts  and  it  shall  be  the  duty  of  the 
county  excise  board  of  the  county  or  counties  in  which  such  districts  are 
located  to  cause  to  be  levied  annually  upon  the  property,  real  and  personal, 
of  the  different  districts  a  tax  sufficient  to  pay  interest  on  such  indebtedness 
or  to  reimburse  the  state  in  full  for  state  aid  received  and  to  constitute  a 
sinking  fund  for  the  payment  of  the  indebtedness  when  due.  The  assets 
and  property  of  the  consolidated  school  districts  when  dissolved  shall  be  first 
applied  in  payment  of  the  indebtedness  of  the  consolidated  school  districts, 
and  if  the  consolidated  school  district  has  no  indebtedness,  then  the  assets 
and  property  shall  be  sold  and  partitioned  among  the  different  school  districts 
on  the  same  basis  as  provided  herein  for  the  distribution  of  the  indebtedness. 
Provided,  that  the  county  excise  board  of  said  county  shall  assess  a  tax 
against  any  such  district  sufficient  to  reimburse  the  state  within  five  years  from 
the  date  of  dissolution  for  all  moneys  contributed  by  the  state  the  unpaid  moneys 
to  bear  interest  to  the  state  at  the  rate  of  five  per  cent  (5%)  until  paid.  This 
levy  for  principal  and  sinking  fund  shall  be  made  against  the  entire  consoli- 
dated district  collected  by  the  county  treasurer  as  a  special  fund  and  paid  to 
the  state  treasurer  in  five  equal  annual  installments,  including  all  interest 
due  each  year.  (Sec.  3,  H.  B.  581,  chap.  202,  L.  1915.) 


ARTICLE  VIII. 
Union  Graded  Schools. 


Section  158.  Method  of  Organizing:  A  meeting  of  the  voters  of  two  or 
more  adjacent  school  districts  may  be  called  for  the  purpose  of  voting  on  the 
proposition  of  forming  a  union  graded  school  by  the  county  superintendent  of 
public  instruction  upon  petition  signed  by  one-half  of  the  legal  voters  of  the 
proposed  union  graded  district  as  shown  by  the  returns  of  the  county  assessor. 
Notices  of  said  meeting  shall  be  posted  at  least  fifteen  days  prior  to  date 
for  said  special  meeting  in  at  least  five  public  places  in  each  of  the  school 
districts  proposing  to  form  the  union  graded  district.  The  special  meeting 
shall  be  held  at  some  convenient  place  in  one  of  the  districts  proposing  to  form 
the  union  graded  district  to  be  designated  by  the  said  county  superintendent 
Should  a  majority  of  the  voters  of  each  separate  district  at  said  special  meet- 
ing vote  in  favor  of  forming  a  union  graded  district  they  shall  at  that  meet- 
ing organize  by  electing  a  director,  a  clerk  and  a  member,  who  shall  constitute 
the  board  of  the  union  graded  district.  The  clerk  of  said  meeting  shall  report 
to  the  said  county  superintendent  the  result  of  said  special  meeting  and  if  the 
proposed  union  graded  district  was  authorized  by  said  special  meeting  the 
said  county  superintendent  shall  declare  the  proposed  union  graded  district  duly 

32 


formed.  The  union  graded  school  as  authorized  by  this  article  shall  be  for 
the  purpose  of  establishing  a  school  in  which  instruction  may  be  given  to  all 
pupils  above  the  sixth  grade,  to  and  including  all  grades  of  regular  high  school 
work.  (Sec.  1,  H.  B.  134,  chap.  187,  L.  1915.) 

Section  159.  Duties  and  Powers  of  Boards:  The  board  of  directors  pro- 
vided in  the  preceding  section  shall,  in  all  matters  relating  to  the  graded  schools, 
possess  all  the  powers  and  discharge  all  the  like  duties  of  the  district  board  of 
directors,  as  prescribed  by  law.  (2.) 

Section  160.  To  Provide  Tax  for  Support:  Said  union  graded  district 
may  provide  for  taxes  for  the  purpose  of  purchasing  a  building  or  furnishing 
proper  buildings  for  the  accommodation  of  the  school,  or  for  the  purpose  of 
defraying  necessary  expenses  and  paying  teachers,  but  shall  be  governed  in 
all  respects  by  the  law  herein  provided  for  levying  and  collecting  district  taxes 
and  that  said  union  graded  district  may  provide  for  the  purchase  of  site  and 
erection  of  building  as  provided  in  article  10,  chapter  74,  revised  laws  1910. 
(Sec.  4,  H.  B.  134,  chap.  187,  L.  1915.) 

Section  161.  Repeal:  That  section  3,  article  8,  chapter  219,  of  the  ses- 
sion laws  of  1913  (Sec.  135,  1913  school  law)  is  hereby  repealed.  (Sec  5,  H.  B. 
134,  chap  187,  L.  1915.) 

Section  162.  Report  to  County  Superintendent:  The  clerk  of  the  union 
district  shall  report  in  writing  to  the  county  superintendent  of  public  instruc- 
tion the  number  of  scholars  attending  the  graded  school  from  his  district, 
their  sex  and  the  branches  studied,  and  the  said  county  superintendent  shall 
apportion  the  amount  of  school  money  due  the  union  district  from  each  of 
the  districts  forming  the  union  district.  (5.) 

Section  163.  Provisions  Apply  to  Other  Districts:  Any  single  district 
shall  possess  power  to  establish  a  graded  or  high  school  subject  to  the  provi- 
sions of  this  article,  in  like  manner  as  two  or  more  districts  united.  (6.) 

Section  164.  Time  of  Annual  Meeting:  The  annual  meeting  of  the  union 
or  graded  school  district  shall  be  held  on  the  last  Saturday  before  the  first 
Tuesday  in  June,  beginning  at  two  o'clock  p.  m.,  and  closing  at  six  o'clock 
p.  m.  (7.) 

Section  165.  Location  of  Site:  No  part  of  the  statutes  of  Oklahoma  shall 
be  construed  so  as  to  prevent  the  location  of  the  site  for  a  school  house  in 
union  graded  school  districts  by  a  majority  of  the  electors  of  said  union  graded 
school  districts.  (8.) 

Section  166.  Illegal  Contracts:  No  expenditure  involving  an  amount 
greater  than  two  hundred  dollars  shall  be  made  except  in  accordance  with  the 
provisions  of  a  written  contract,  and  no  contract  involving  an  expenditure  of 
more  than  five  hundred  dollars  for  the  purpose  of  erecting  any  public  building 
or  making  any  improvements,  shall  be  made  except  upon  sealed  proposals  and 
to  the  lowest  responsible  bidder.  (9.) 

NOTE. — Union  graded  school  entitled  to  state  aid.     See  Sec.   152. 


33 


ARTICLE  IX. 

School  Census. 


Section  167.  Form  Prescribed:  For  taking  the  enumeration  of  school 
children  upon  which  the  state  and  county  apportionments  of  public  school 
funds  are  made,  the  following  form  is  prescribed: 

Scholastic  Census  Keport 

School   District  No County   of 

For  the  year  191 

Name  of  parent  of  guardian '. ,  postoffice 

Name  of  township  or  street ,  section  or  street  No 

Name  of  tribe (if  Indian  or  freedman,  give  name  of  tribe.) 


Name  of  Child 

Color 

Sex 

Da 
Month 

teof  ] 
Day 

Birth 
Year 

Age 

If  Deaf,  Dumb  or 
Blind,  Indicate 

I  hereby  declare  under  oath  that  the  above  is  a  true  and  correct  state- 
ment of  the  facts  given;  that  I  am  a  legal  resident  of  the  above  school  dis- 
trict and  the  names  and  ages  of  all  persons  of  school  age  are  correct  as  written 
above. 

- Parent  or  Guardian 

Subscribed  and  sworn  to  before  me  this day  of 19 

Enumerator.     (1.) 

Section  168.  Blanks  to  Be  Furnished.  The  above  described  blanks,  suf- 
ficient for  the  needs  of  the  county,  shall  be  furnished  to  the  county  superin- 
tendents by  the  state  superintendent.  The  blanks  shall  be  in  convenient  form 
and  accompanied  with  instructions  for  their  use.  The  county  superintendents 
shall  furnish  the  clerks  of  the  respective  school  districts  of  his  county  the 
blanks  not  later  than  the  tenth  day  of  January  of  each  year  and  a  letter  of 
instructions.  In  making  the  report  of  the  enumeration,  the  district  clerk 
shall  return  to  the  county  superintendent  the  original  forms  properly  filled, 
certified  and  sworn  to.  (2.) 

Section  169.  Persons  Eligible  to  Be  Counted:  Persons  to  be  enumerated 
shall  be  those  living  within  the  school  district  on  the  date  of  January  15th, 
time  of  taking  enumeration,  with  bona  fide  residence,  and  who  are  over  the 
age  of  six  and  under  twenty-one  years  of  age:  Provided,  that  persons  who 
will  be  six  years  of  age  on  or  before  the  first  day  of  September  following  will 
oe  counted  and  persons  who  will  be  twenty-one  years  of  age  on  or  before  the 
first  day  of  September  following  shall  not  be  counted.  (3.) 

34 


Section  170.  One  or  More  Enumerators  Authorized:  For  the  purpose  of 
taking  the  enumeration,  the  district  board  shall  appoint  one  of  its  members, 
or  some  other  competent  person,  "enumerator",  and  in  districts  having  an  in- 
corporated town  or  city  of  the  first  class,  the  school  board  or  board  of  educa- 
tion shall  have  authority  to  appoint  one  or  more  "enumerators"  who  shall 
begin  taking  the  scholastic  enumeration  immediately  after  January  15th  of 
each  year.  (4.) 

Section  171.  Shall  Administer  Oath:  For  the  purpose  of  protecting  the 
enumeration,  the  "enumerator"  shall  have  authority  to  administer  the  oath 
prescribed  on  the  form  above  described  to  parents  or  guardians.  (5.) 

Section  172.  Penalty  for  Refusing  Information:  Any  person  having  child- 
ren of  school  age  in  his  care  or  control,  who  shall  refuse  to  furnish  the  infor- 
mation desired  to  the  "enumerator"  or  to  sign  the  certificate  as  required, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  fined  in  a  sum  not  less  than  ten 
dollars  nor  more  than  twenty-five  dollars,  for  the  benefit  of  the  county  school 
fund.  (6.) 

Section  173.  Payment  for  Services:  For  taking  the  scholastic  census 
herein  required,  the  "enumerator"  shall  be  paid  the  sum  of  five  cents  per 
name  in  common  school  districts,  and  three  cents  per  name  in  districts  includ- 
ing an  incorporated 'town  or  city:  Provided,  that  if  the  report  of  the  enumera- 
tion is  not  made  to  the  county  superintendent  by  the  5th  day  of  February,  no 
pay  for  such  services  shall  be  made.  Warrants  for  this  purpose  shall  be  issued 
against  the  funds  of  the  district  as  other  warrants  are  issued.  (7.) 

Section  174.  Penalty  for  False  Reports:  Any  "enumerator"  who  shall 
wilfully  make  a  report,  containing  the  names  of  children  not  entitled  to  be 
counted,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  fined 
not  less  than  twenty-five  dollars,  nor  more  than  one  hundred  dollars  for  each 
offense.  (8.) 

Section  175.  Time  for  Making  Reports:  Immediately  upon  receipt  of  the 
enumeration  report  from  the  "enumerator"  of  the  school  district,  the  county 
superintendent  shall  check  each  name  and  date  of  birth  and  if  any  names 
have  been  given  who  are  not  entitled  to  be  counted,  he  shall  strike  such 
names  from  the  report  and  then  approve  the  same  and  advise  the  district 
clerk  the  number  of  names  so  stricken  from  the  report.  When  reports  have 
been  approved  by  the  county  superintendent,  he  shall  transmit  to  the  state 
superintendent  a  report  showing  the  number  of  scholastics  residing  in  each 
district  school  or  part  of  district  in  his  county,  their  sex  and  color.  If 
the  county  superintendent,  for  any  reason,  fails  to  file  the  report,  as  required 
above,  with  the  superintendent  by  the  15th  day  of  March  following  the  tak- 
ing of  the  enumeration,  the  county  shall  not  be  permitted  to  share  in  the 
state  apportionment  for  the  following  fiscal  year,  but  the  said  county  super- 
intendent shall  be  liable  on  his  official  bond  for  the  amount  of  loss  so  caused 
to  the  school  districts.  If  a  district  board  fails  to  make  its  report  to  the 
county  superintendent  by  the  15th  day  of  February,  following  the  taking 
of  the  enumeration,  the  district  shall  not  be  permitted  to  share  in  the  state 
and  county  apportionments  for  the  following  fiscal  year.  (9.) 

Section  176.  Basis  for  State  Apportionment:  Immediately  upon  receipt 
of  the  reports  from  the  various  county  superintendents  regarding  the  enumera- 
tion of  scholastics,  it  shall  be  the  duty  of  the  state  superintendent  to  file  with 
the  state  treasurer  and  the  secretary  of  the  school  land  department,  a  report, 
duly  certified,  showing  the  number  of  scholastics  in  each  county  and  the  re- 
port so  filed  shall  be  the  basis  for  making  the  apportionments  of  state  school 
funds  for  July  and  January  in  the  fiscal  year  following.  (10.) 


35 


ARTICLE  X. 

Agricultural  Education. 


Section  177.  Commission  Created:  For  the  purpose  of  carrying  out  the 
requirements  of  the  state  constitution  relating  to  the  teaching  of  the  elements 
of  agriculture,  horticulture  and  stock  feeding,  and  domestic  science  in  the 
common  schools  of  the  state,  there  is  hereby  created  a  state  commission  of 
agricultural  and  industrial  education,  consisting  of  the  state  superintendent 
of  public  instruction,  who  shall  be  chairman  thereof,  the  president  of  the 
state  board  of  agriculture,  and  "the  president  of  the  Agricultural  &  Mechanical 
College,  each  of  whom  shall  serve  without  additional  pay.  Said  commission 
shall  conform  to  the  rulings  of  the  state  board  of  education,  shall  co-operate 
with  all  state  normal  schools,  the  Agricultural  and  Mechanical  College  and 
the  state  board  of  agriculture,  and  said  boards  and  institutions  are  hereby 
required  to  co-operate  with  the  state  commission  of  agricultural  and  industrial 
education  as  far  as  practical  (practicable),  and  without  interfering  with  the 
more  immediate-  duties  of  said  boards  and  institutions.  Said  commission  shall 
make  a  report  in  writing  to  the  governor  at  least  thirty  days  prior  to  the 
regular  sessions  of  the  legislature,  including  the  work  done  under  its  super- 
vision and  a  complete  account  of  all  funds  and  disbursements  made  in  pursu- 
ance of  this  article,  together  with  such  recommendations  as  may  by  said 
commission  be  deemed  advisable.  (1.) 

Section  178.  Subjects  to  Be  Taught:  The  elementary  principles  of  agri- 
culture, horticulture,  animal  husbandry,  stock  feeding,  forestry,  building  county 
roads,  and  domestic  science,  including  the  elements  of  economics,  shall  be  em- 
braced in  all  the  branches  taught  in  all  public  schools  of  this  state,  receiving 
any  part  of  their  support  from  this  state,  and  these  branches  shall  be  as 
thoroughly  studied  and  taught  by  observation,  practical  exercises,  and  the 
use  of  text  and  reference  books,  and  in  the  same  manner,  as  are  other  like  re- 
quired branches  in  said  public  schools.  (2.) 

Section  179.  State  Superintendent  to  Direct  Instruction:  The  state 
superintendent  of  public  instruction  shall  investigate  and  determine  the  char- 
acter, extent  and  cost  of  courses  of  instruction  in  the  branches  provided  for 
herein,  including  manual  training  adapted  to  the  different  schools,  and  shall 
through  bulletins  and  public  addresses,  give  information  to  school  boards  and 
communities  as  to  the  courses  and  character  of  instruction  which  have  proved 
most  satisfactory  and  best  adapted  to  various  schools.  He  shall  determine  and 
give  information  as  to  where  the  most  thoroughly  trained  and  best  equipped 
teacliers  of  subjects  named  herein  may  be  found,  and  shall  formulate  and 
recommend  plans  for  the  organization  of  training  and  normal  schools  for  the 
preparation  of  teachers  of  said  subjects.  He  shall,  in  all  proper  ways,  seek 
to  awaken  an  active  interest  among  teachers  in  the  subjects  required  herein 
to  be  taught,  and  shall,  in  all  proper  ways,  awaken  public  sentiment  to  the 
importance  of  teaching  said  subjects  in  the  common  schools  and  all  public 
schools  with  efficiency  and  success,  and  shall  make  such  investigations  as  may 
be  necessary  for  the  proper  performance  of  his  duties  as  prescribed  herein. 
(3.) 

Section  180.  County  Superintendent  to  Make  Reports:  All  county  super- 
intendents of  education  shall  file  a  written  report  with  the  president  of  the 
state  board  of  education  annually,  at  such  time  as  the  president  of  said  board 
may  require,  concerning  the  cost,  character  and  extent  of  such  courses  of  in- 
struction in  the  branches  provided  herein  to  be  taught  in  their  respective 
counties,  together  with  such  reports  on  work  done  and  suggestions  in  relation 
thereto  as  the  president  of  the  state  board  of  education  may  require.  (4.) 

Section  181.  Requirements  for  Certificates:  No  person  shall  teach,  and 
no  certificate  be  granted  to  an  applicant  to  teach  in  the  public  schools  receiving 
aid  from  the  state,  who  has  not  passed  a  satisfactory  examination  in  the  ele- 
ments of  agriculture  and  allied  branches  mentioned  herein.  It  shall  be  the 
duty  of  teachers  in  all  schools  receiving  aid  from  the  state  to  file  quarterly, 
or  at  such  times  as  the  county  superintendent  may  require,  a  written  report 


with  the  county  superintendent  of  public  instruction,  of  their  respective  coun- 
ties, in  full  detail  of  any  progress  made,  or  work  done  in  the  different  branches 
required  to  be  taught  under  the  terms  of  this  article,  together  with  such 
recommendations  as  they  may  deem  advisable,  and  such  other  information  as 
the  county  superintendent  may  require.  Any  teacher  whose  duty  it  is  to 
instruct  in  branches  herein  to  be  taught,  who  fails  or  neglects  to  comply  with 
the  provisions  of  this  article  shall  be  discharged.  (5.) 

Section  182.  State  Schools  to  Assist:  The  state  normal  schools,  and  like 
schools  to  be  hereinafter  created,  shall  lend  specific  assistance  in  carrying  out 
the  purposes  of  this  article  by  preparing  teachers  for  the  work  of  instruction 
in  the  elements  of  agriculture  and  allied  branches  named  herein  in  the  same 
manner  as  teachers  are  prepared  for  other  required  subjects,  and  shall  render 
such  co-operation  and  active  support  through  their  respective  presidents,  offi- 
cers and  teachers,  as  will  best  contribute  to  the  successful  introduction  and 
support  of  a  thorough  system  of  agricultural  and  industrial  education  for  the 
schools  of  the  state.  There  shall  be  established  in  each  of  the  state  normal 
schools,  located  or  hereafter  to  be  located,  a  department  to  be  known  as  the 
department  of  agriculture  and  industrial  education,  with  a  professor  in  charge 
who  shall  give  such  instruction  in  the  regular  courses  as  may  be  deemed  nec- 
essary for  the  instruction  of  teachers  in  the  public  schools  of  the  state.  (6.) 

Section  183.  A.  &  M.  College  Head  of  System:  The  Agricultural  and 
Mechanical  college  shall  be  the  technical  head  of  the  agricultural,  industrial  and 
allied  science  system  of  education,  and  its  president,  professors  and  employees 
shall  lend  such  assistance  in  carrying  out  the  objects,  aims  and  purposes  of 
the  state  constitution  requiring  the  teaching  of  ariculture  and  allied  practical 
subjects  as  shall  not  conflict  with  the  immediate  duties  incumbent  on  them  in 
said  institution.  (7.) 

Section  184.  Duty  of  Supervisor:  There  is  hereby  created  a  chair  of  agri- 
culture for  schools,  the  occupant  of  which  shall  be  a  member  of  the  faculty  of 
the  Agriculture  and  Mechanical  College,  .whose  duty  shall  be  to  direct  and 
advise  in  all  matters  relating  to  the  teaching  of  agriculture  and  allied  subjects 
in  the  common  schools,  under  the  supervision  of  the  president  of  the  Agricul- 
tural and  Mechanical  College,  and  he  shall  be  paid  from  the  funds  of  the  Agri- 
cultural and  Mechanical  College,  and  he  shall  visit  the  schools,  the  teachers' 
institutes,  the  summer  normal  schools  and  the  state  normal  schools,  advise 
with  the  teachers  and  officers  concerned,  and  plan  such  means  of  co-operation 
in  the  improvement  of  methods,  appliances,  the  use  of  seeds,  plants  and  trees 
as  may,  from  time  to  time,  be  necessary,  and  shall  prepare,  print  and  distrib- 
ute such  leaflets  and  other  literature  as  may  be  helpful  to  teachers  and  pupils 
concerned  or  engaged  in  teaching  industrial,  practical  and  scientific  subjects 
bearing  on  technical  and  practical  agriculture  and  its  allied  branches.  (8.) 

Section  185.  A.  &  M.  College  to  Make  Surveys:  It  shall  be  the  duty  of 
the  Agricultural  and  Mechanical  College,  under  the  board  of  agriculture  (ex- 
officio  board  of  regents  of  said  institution)  to  carry  on  all  natural  history  sur- 
veys, soil  surveys,  mineral  and  forestry  surveys  that  are  now  provided  for  by 
the  laws  of  the  state,  or  that  may  hereafter  be  provided  for,  and  it  shall  be 
the  duty  of  the  said  Agricultural  and  Mechanical  College  to  co-operate  with 
the  national  department  of  agriculture  in  carrying  out  the  surveys  herein 
mentioned,  and  in  the  construction  of  county  roads  and  in  all  ways  and  by  all 
means  to  supply  the  school  and  the  people  with  agricultural,  industrial  and 
technical  facts  demanded  by  the  spirit  of  this  article.  (9.) 

Section  186.  Course  of  Study  for  Schools:  The  state  commissioners  of 
agricultural  and  industrial  education,  with  the  assistance  of  such  experts  in 
agricultural  education  as  may  be'  secured  from  the  state  and  national  depart- 
ment of  agriculture,  shall  have  the  authority,  and  it  shall  be  their  duty  to 
prepare  a  detailed  course  of  study  in  the  elements  of  agriculture  and  allied 
subjects,  domestic  science  and  economics,  adapted  to  the  needs  of  instruction 
in  the  elementary  and  secondary  schools  of  the  state.  The  commission  shall 
prepare  a  syllabus  of  the  course  of  study  in  each  subject,  in  such  detail  and 
with  such  elaboration  of  the  body  of  knowledge  to  be  considered  as  may  be 
necessary  for  the  organization  and  administration  of  the  proper  courses  of 
instruction  in  said  branches.  In  preparing  the  course  of  study  herein  re- 
quired to  be  taught,  any  of  said  subjects  may  be  combined  on  one  text-book 

37 


so  they  will  be  adapted  to  the  various  schools  in  which  they  are  taught,  at  the 
same  time,  so  far  as  possible,  giving  practical  educational  values  to  each  sub- 
ject. Upon  the  satisfactory  completion  of  said  course  of  study,  as  evidenced  by 
a  diploma  or  certificate  signed  by  the  county  superintendent  of  public  instruc- 
tion, pupils  shall  be  admitted  to  the  sub-freshman  or  higher  class  of  the  Agri- 
cultural and  Mechanical  College  without  further  examination.  It  shall  be  the 
duty  of  the  president  of  the  Agricultural  and  Mechanical  College  each  year  to 
send  to  each  school  in  this  state  where  such  branches  as  required  by  this  article 
are  taught,  a  catalog,  and  upon  application,  to  furnish  such  schools  such  infor- 
mation as  may  be  desired  relative  to  said  college.  Such  catalogs  and  other 
information  shall  be  kept  in  each  school  for  reference.  (10.) 

Section  187.  County  Superintendents  to  Conduct  Examination:  It  shall 
be  the  duty  of  the  county  superintendent  of  public  instruction  to  give  public 
notice  of  the  examination  provided  for  in  the  preceding  section  at  the  time 
of  all  regular  teachers'  examinations  and  to  submit  such  questions  to  any  can- 
didate who  may  desire  to  enter  the  Agricultural  and  Mechanical  College.  The 
examination  shall  be  conducted  in  the  same  manner  as  are  regular  teachers' 
examinations  of  the  county.  The  work  of  each  and  every  candidate,  together 
with  the  names  and  address,  shall  be  forwarded  to  the  state  superintendent 
within  ten  days  from  the  date  of  the  examination,  and  by  him  to  the  presi- 
dent of  the  college,  who  shall  examine  and  grade  the  answers  and  report  to 
the  candidate  as  soon  as  possible  after  the  receipt  of  the  paper,  the  result  of 
the  examination.  An  average  grade  of  seventy  per  cent  in  each  branch  shall 
admit  the  candidate  to  the  Agricultural  and  Mechanical  College  without  further 
examination.  (11.) 

Section  188.  Experimental  Farms:  There  shall  be  an  experimental  farm, 
operated  by  each  of  said  agricultural  schools,  on  which  careful  trials  shall  be 
made  of  the  best  fruits,  vegetables,  flowers,  field  and  forage  crops,  fertilizers, 
and  stock  feeds  for  that  section,  as  well  as  the  system  of  dairying,  drainage, 
irrigation  and  farm  management  that  may  be  considered  of  practical  value 
and  adapted  to  the  needs  of  tiie  people  of  such  supreme  court  judicial  districts: 
Provided,  that  each  district  agricultural  school  shall  make  at  least  one  report 
annually  to  the  governor  of  the  state  covering  all  work  done,  its  cost,  the 
results  and  the  probable  value  of  such  experiments,  which  report  shall  be  pub- 
lished for  free  distribution  to  farmers,  fruit  and  vegetable  growers  and  stock- 
men in  the  supreme  court  judicial  district  in  which  said  school  is  located.  (12.) 

Section  189.  Short  Courses  in  Agricultural  Schools:  There  shall  be  held 
annually  by  each  of  said  agricultural  schools  a  farmers'  short  course  extending 
over  at  least  one  week  and  embracing  practical  elementary  scientific  instruc- 
tion in  those  branches  of  agriculture  that  may  be  deemed  most  important  in 
the  supreme  court  judicial  district  in  which  any  such  agricultural  school  is 
located  at  the  time  such  short  course  of  instruction  is  to  be  provided,  includ- 
ing a  course  in  domestic  economy,  canning,  preserving  and  cooking.  There  shall 
be  no  fees  charged  for  attendance  on  these  practical  courses  of  instruction, 
and  no  entrance  examination  may  be  required:  Provided,  that  all  citizens  of 
the  white  race  over  fifteen  years  of  age  shall  be  entitled  to  admission  to  such 
courses.  (13.) 

Section  190.  Higher  Branches  Prohibited:  No  course  of  instruction  shall 
be  offered  in  such  agricultural  schools,  other  than  industrial  courses,  but  this 
shall  not  exclude  teaching  the  common  school  branches,  the  languages,  manual 
training,  manufacture,  the  sciences  and  other  necessary  studies  in  the  indus- 
trial courses.  (14.) 


ARTICLE  XI. 

Normal  Institutes  and  Training  Courses. 


Section  191.  County  Summer  Normals:  The  county  superintendents  of 
public  instruction  may  hold  annually  in  their  respective  counties  for  a  term 
of  not  less  than  two  weeks  nor  more  than  four  weeks,  ending  on  the  last  Fri- 

38 


day  of  June,  July  or  August,  a  normal  institute  for  academic  and  professional 
instruction  of  teachers  and  those  desiring  to  teach:  Provided,  that  two  or 
more  counties  may  be  united  in  holding  one  normal  institute  each  year,  as 
hereinafter  provided.  (1.) 

Section  192.  Teachers'  Training  Course  May  Be  Substituted:  Where 
such  county  superintendent  deems  it  to  be  for  the  best  interest  of  the  schools 
of  the  county,  the  county  normal  institute  may  be  dispensed  with  and  there 
shall  be  substituted  in  lieu  thereof  a  teachers'  training  course  of  not  less  than 
two  weeks  and  not  more  than  four  weeks  in  which  special  training  shall  be 
given  the  teachers  of  such  county  by  persons  specially  prepared  for  such  in- 
struction. Said  course  shall  include  the  following  subjects:  School  law  and 
government,  hygiene  and  sanitation,  methods  of  teaching,  child  psychology, 
primary  methods,  including  the  best  methods  of  presenting  all  elementary  sub- 
jects taught  in  the  common  schools,  emphasizing  the  teaching  of  reading  and 
spelling.  The  expense  of  conducting  the  teachers'  training  course  shall  be 
paid  from  the  fund  derived  from  the  issuance  of  county  certificates  and  shall 
be  supplemented  by  an  appropriation  by  the  county  commissioners  of  not  more 
than  two  hundred  dollars  annually.  No  fee  shall  be  charged  the  teachers  who 
attend  the  teachers'  training  course,  nor  shall  any  examination  be  given  for 
teachers'  certificates  at  the  close.  The  training  course  provided  for  above  shall 
be  held  just  prior  to  the  opening  of  the  schools  for  the  following  school  year 
at  some  convenient  point  in  the  county,  to  be  selected  by  such  county  superin- 
tendent, and  all  persons  who  desire  to  teach  in  the  county  the  ensuing  year 
shall  be  required  to  attend  the  entire  session  unless  prevented  by  sickness  or 
other  unavoidable  disabilities.  It  shall  be  the  duty  of  the  state  superintendent 
to  prepare  rules  and  regulations  governing  the  conducting  of  the  training 
course  above  provided  for.  (2.) 

Section  193.  May  Assign  State  Teachers:  Any  teacher,  instructor,  or 
professor  employed  in  any  of  the  state  educational  institutions  who  receives 
an  annual  salary  of  eleven  hundred  dollars  or  more,  may  be  assigned  by  the 
state  superintendent  of  public  instruction  to  assist  in  a  normal  institute  or 
teachers'  training  course  to  perform  such  work  as  may  be  required  of  him  by 
the  state  superintendent.  No  additional  salary  shall  be  paid  to  such  teacher, 
instructor  or  professor  for  such  additional  work,  but  said  teacher,  instructor 
or  professor  shall  be  reimbursed  by  the  state  for  transportation  charges  only, 
and  the  county  where  such  additional  services  are  rendered  may  pay  the  hotel 
expenses  of  said  party,  not  to  exceed  ten  dollars  per  week.  (3.) 

Section  194.  Time,  Term,  and  Place  to  Be  Fixed  by  County  Superintend- 
ent: The  county  superintendent  shall  determine  the  time,  length  of  term  and 
place  of  holding  the  annual  sessions,  in  conformity  with  the  preceding  sec- 
tion, and  shall  select  and  employ  a  conductor  and  instructor  for  the  same: 
Provided,  that  all  such  contracts  for  a  conductor  and  instructors  shall  be  ap- 
proved by  the  state  superintendent  of  public  instruction  before  such  contracts 
are  valid.  (4.) 

Section  195.  Fee  Required:  To  defray  the  expenses  of  such  institute 
session  the  county  superintendents  of  public  instruction  shall  require  the 
payment  of  a  uniform  fee  of  not  less  than  one  dollar,  nor  more  than  three 
dollars,  by  each  person  enrolled  in  said  institute;  they  shall  further  require 
the  payment  of  a  fee  of  two  dollars  by  each  applicant  for  a  teacher's  certifi- 
cate; and,  in  addition  to  such  sum,  the  county  commissioners  shall,  upon  recom- 
mendation of  the  county  superintendent  of  public  instruction,  allow  a  sufficient 
sum,  not  to  exceed  two  hundred  dollars  for  each  institute  to  be  paid  out  of 
any  funds  of  the  county  not  otherwise  appropriated.  (5.) 

Section  196.  Normal  Institute  Fund:  The  sum  thus  created  shall  be  des- 
ignated the  normal  institute  fund,  and  the  county  treasurer  shall  be  custodian 
thereof.  (6.) 

Section  197.  County  Superintendent  to  Report  to  County  Treasurer:  The 
county  superintendent  of  public  instruction  shall,  at  the  close  of  each  regular 
teachers'  examination,  and  at  the  close  of  each  teachers'  normal  institute, 
transmit  to  the  county  treasurer  all  moneys  received  by  said  superintendent,  as 
provided  in  the  second  preceding  section,  together  with  the  name  of  each 
person  contributing  the  amount  in  each  case,  and  the  county  treasurer  shall 
place  all  moneys  to  the  credit  of  the  normal  institute  fund.  (7.) 

39 


Section  198.  Disbursement  of  Funds:  All  disbursement  of  the  normal 
institute  fund  shall  be  upon  written  order  of  the  county  superintendent  of 
public  instruction  and  no  order  shall  be  drawn  upon  said  fund,  except  as  ac- 
companied by  a  written  and  itemized  statement  of  services  rendered  or  ex- 
penses incurred,  and  no  order  shall  be  drawn  in  favor  of  such  county  superin- 
tendents themselves.  (8.) 

Section  199.  Certain  Payments  Prohibited:  No  county  superintendent  of 
public  instruction  shall  pay  moneys  from  the  before  mentioned  fund  to  any 
conductor  or  instructor,  unless  the  said  conductor  or  instructor  shall  have  first 
received  an  institute  certificate  from  the  state  board  'of  education:  Provided, 
that  all  certificates  issued  by  the  board  of  education  shall  be  valid  for  the 
remainder  of  the  term  for  which  issued,  when  the  same  shall  have  been  exam- 
ined and  approved  by  the  state  superintendent  of  public  instruction:  Pro- 
vided further,  that  no  county  superintendent  shall  employ  or  pay  moneys 
from  the  normal  institute  (fund)  to  any  conductor  or  instructor  who  draws  a 
salary  from  the  state  or  federal  government.  (9.) 

Section  200:  Subjects  Required:  County  superintendents  of  public  in- 
struction shall  require  both  the  academic  and  professional  branches  to  be  taught 
in  each  institute  session,  and  all  of  them,  as  outlined  in  the  normal  institute 
course  of  study  for  this  state,  or  as  ordered  by  the  state  superintendent  of 
public  instruction,  in  the  manner  prescribed  by  him.  (10.) 

Section  201.  County  Superintendents  to  Meet  Requirements — No  Compen- 
sation: County  superintendents  of  public  instruction  shall  not  serve  as  con- 
ductors or  instructors  in  institutes  in  which  their  counties  are  interested,  un- 
less they  have  first  met  the  requirements  set  forth  in  the  second  preceding  sec- 
tion, and  in  no  case  shall  they  draw  pay  for  services  as  conductor  or  instructor 
in  their  own  counties.  (11.) 

Section  202.  Two  or  More  Counties  May  Unite:  By  and  with  the  consent 
of  the.  state  superintendent  of  public  instruction,  two  or  more  counties  may 
unite  in  holding  one  normal  institute  each  year,  in  one  of  the  counties  so 
uniting;  the  county  superintendents  of  public  instruction  of  the  counties  so 
uniting  shall  agree  upon  the  time,  place,  and  length  of  term  of  such  normal 
institute,  as  hereinbefore  provided,  but  none  of  them  shall  be  the  conductor 
or  instructor  of  such  institute  session,  except  as  provided  in  the  preceding 
section,  and  none  of  such  superintendents  of  public  instruction  of  any  of  the 
counties  so  forming  such  joint  normal  institutes  shall  be  eligible  to  draw  a 
salary  or  otherwise  any  moneys  from  such  normal  institute  fund,  and  the 
county  treasurer  of  the  county  in  which  such  joint  normal  institute  is  held 
shall  be  the  legal  custodian  of  such  fund  for  that  session.  The  county  superin- 
tendent of  public  instruction  of  the  county  in  which  such  joint  normal  institute 
is  held  shall  draw  and  sign  all  orders  upon  such  funds  for  the  joint  session  of 
such  normal  institutes,  and  the  county  commissioners  in  each  of  said  counties 
sc  uniting  shall  be  subject  to  the  provisions  of  the  third  section  of  this  article, 
except  they  shall  not  appropriate  to  the  normal  institute  fund  to  exceed  one 
hundred  dollars  for  each  of  said  counties  so  united;  and  at  the  close  of  such 
joint  normal  institute  session,  each  county  treasurer  shall  again  be  the  cus- 
todian of  all  such  funds  in  his  county.  No  contracts  shall  be  entered  into 
by  any  two  or  more  county  superintendents  for  a  period  longer  than  two  years, 
but  at  the  end  of  each  two  years  such  contracts  may  be  renewed  as  hereinbe- 
fore provided.  (12.) 

Section  203.  Separate  Normals:  All  teachers  of  the  negro  race  shall 
attend  separate  institutes  from  those  for  teachers  of  the  white  race,  and  in  all 
counties  where  the  number  of  teachers  of  either  race  is  less  than  twenty-five 
desiring  to  attend  such  institute,  they  shall  have  the  right  and  privilege  to 
attend  any  institute  for  their  race  or  to  unite  with  the  teachers  of  their  race 
in  any  other  county  under  the  provisions  of  the  preceding  section,  and  they 
shall  be  given  equal  facilities  with  the  other  race  in  such  county  or  counties, 
and  their  conductor  or  instructor  shall  be  of  their  own  race  only:  Provided, 
that  all  moneys  and  fees  paid  by  them  shall  be  used  to  pay  their  own  conductor 
and  instructors  and  they  shall  receive  their  prorata  of  all  appropriations  made 
by  the  county  commissioners  for  institute  funds  in  their  county  or  counties, 
according  to  the  actual  attendance  thereof.  (13.) 

40 


Sertion  204.  Annual  Report  to  State  Superintendent:  The  county  super- 
intendents of  public  instruction  of  the  respective  counties  of  Oklahoma  shall 
annually  make  a  complete  report  to  the  state  superintendent  of  public  instruc- 
tion, on  blanks  provided  for  the  same  furnished  by  him;  all  data  relative  to 
institutes;  exact  time  of  holding  the  session,  length  of  term;  place,  town  and 
county;  name  of  conductor  and  instructors,  and  any  other  information  required 
by  the  state  superintendent  of  public  instruction,  which  report  must  be  filed 
at  the  capitol  not  later  than  the  first  Friday  of  April  of  each  year.  (14.) 

Section  205.  Conductor's  Report:  All  conductors  of  teacher's  institutes 
in  the  respective  counties  of  this  state  shall,  at  the  close  of  such  sessions,  and 
before  full  compensation  for  such  work  is  received,  make  out  in  duplicate  form 
a  full  and  complete  report  of  such  sessions,  embracing  the  following  facts: 
Date  of  opening  and  closing  such  session,  enrollment  fee,  number  of  members 
enrolled  with  their  names,  ages,  sex,  classification,  grade,  normal  institute 
grade,  experience  in  months  and  any  other  facts,  required  by  the  state  super- 
intendent; also  the  names  of  the  conductor  and  instructors,  the  date  of  issue 
and  expiration  of  institute  certificates,  salary  and  other  compensation  re- 
ceived, copy  of  the  daily  program  used,  and  a  certified  statement  to  the  effect 
that  the  normal  institute  course  of  study  and  the  instructions  of  the  state 
superintendent  were  followed,  both  in  word  and  in  spirit,  during  such  session 
together  with  any  recommendations  or  suggestions  to  the  state  superintendent 
tending  to  the  betterment  of  the  course  of  study  of  the  work  for  the  succeeding 
institute  year  of  June,  July  or  August.  A  copy  of  this  report  shall  be  filed 
by  such  conductors  immediately  at  the  close  institute  session,  with  the  respec- 
tive county  superintendent,  to  become  a  part  of  their  office  records  and  a 
duplicate  copy  shall  be  transmitted  by  mail  by  such  conductors  to  the  state 
superintendent  of  public  instruction  to  become  a  part  of  his  office  record  of 
the  same.  (15.) 

Section  206.  Same — Penalty  for  Not  Making  Report:  Any  conductor  who 
shall  fail  to  comply  with  all  the  provisions  of  this  article  shall  be  subject  to 
the  revocation  of  his  normal  institute  certificate  by  the  state  superintendent  of 
public  instruction  of  this  state.  (16.) 

Section  207.  Penalty  for  Violation:  Any  county  superintendent  of  public 
instruction  who  shall  in  any  manner  violate  the  provisions  of  this  article, 
upon  conviction  thereof,  shall  be  guilty  of  a  misdemeanor,  and  for  the  second 
offense,  may  be  removed  from  office,  as  provided  by  law.  (17.) 


41 


ARTICLE  XII. 

Kindergarten  Education. 


Section  208.  May  Establish  Kindergarten:  The  directors  of  any  school 
district,  board  of  education  or  other  duly  authorized,  appointed,  elected  or 
qualified  public  school  officers  of  any  town,  city  or  school  district  having  a 
population  of  twenty-five  hundred  or  more,  may  establish  and  maintain  kinder- 
gartens in  connection  with  the  public  schools  under  their  jurisdiction  for  all 
children  between  the  ages  of  four  and  six  years.  (1.) 

Section  209.  Definition  of  Term:  The_term  kindergarten  shall  be  con- 
strued to  mean  the  application  of  the  methods  of  Froebel  or  some  approved 
American  development  of  said  methods,  and  not  merely  sub-primary  grades  for 
children  under  six  years  of  age  shall  be  established  under  the  authority  of  this 
article.  (2.) 

Section  210.  Departments  in  State  Normals:  Within  one  year  after  the 
provisions  of  this  act  shall  become  law,  provisions  shall  be  made  or  depart- 
ments established  for  the  training  of  kindergarten  teachers  in  the  normal 
schools  of  the  state.  (3.) 


ARTICLE  XIII. 

Compulsory  Attendance  and  Mother's  Pension. 


Section  211.  Compulsory  Period — Duties  of  Parents:  It  shall  be  unlaw- 
ful for  any  parent  or  guardian  living  in  the  state  of  Oklahoma  to  neglect  or 
refuse  to  cause  or  compel  any  person  or  persons  who  are  or  may  be  under  their 
control  as  children  or  wards  to  attend  and  comply  with  the  rules  of  some  pub- 
lic, private  or  other  school  or  schools  unless  other  means  of  education  are  pro- 
vided for  at  least  66  per  cent  of  the  number  of  days  the  school  or  schools 
of  the  district  are  maintained,  which  shall  apply  to  all  children  of  the  district 
over  the  age  of  eight  and  under  the  age  of  sixteen,  unless  they  are  prevented 
by  mental  or  physical  disability,  the  question  of  disability  to  be  determined 
by  the  school  district  board  or  board  of  education  upon  a  certificate  from  a 
duly  licensed  and  practicing  physician.  (1.) 

Section  212.  Complaints  by  Board  Members  or  Other  Parties — Teachers 
Report:  It  shall  be  the  duty  of  the  school  district  board  or  any  person  living 
in  the  district  to  make  complaint  with  the  justice  of  the  peace  of  the  town- 
ship in  which  the  school  district  is  situated  against  any  person  failing  or 
refusing  to  comply  with  the  provisions  of  the  above  section.  It  shall  also 
be  the  duty  of  the  teacher  of  the  school  to  ascertain  if  any  person  is  absent 
from  the  school  without  a  proper  excuse  and  if  so  to  advise  the  county  superin- 
tendent of  public  instruction  of  that  fact.  Such  county  superintendent  shall 
then  report  such  information  to  the  county  attorney  of  the  county,  who  shall 
file  complaint  in  any  justice  court  of  the  county  where  the  offending  party 
resides,  against  such  person  or  persons  failing  or  refusing  to  compel  the  at- 
tendance of  the  child  or  children  under  his  control  to  attend  school  for  the 
time  prescribed  in  the  above  section.  (2.) 

Section  213.  Free  Books  May  Be  Furnished:  If  any  parent,  guardian  or 
custodian  of  any  child  or  children  is  financially  unable  to  furnish  such  child 
or  children  with  the  necessary  books  with  which  to  attend  school,  the  county 
superintendent  of  public  instruction  of  the  county  where  such  parent  or 
guardian  or  custodian  resides  shall  furnish  upon  recommendation  of  the  dis- 
trict board  or  the  board  of  education  of  independent  districts  books  for  such 
purpose  to  such  child  or  children,  which  books  shall  be  furnished  and  paid  for 
upon  the  certificate  of  such  officer  by  the  board  of  county  commissioners  of 
the  county  in  which  such  child  or  children  resides.  (3.) 

42 


Section  214.  Belief  for  Widowed  Mothers:  If  any  widowed  mother  shall 
make  affidavit  to  the  effect  that  the  wages  of  her  child  or  children,  under  six- 
teen years  of  age  are  necessary  to  the  support  of  such  widowed  mother,  then 
the  county  superintendent  of  public  instruction  shall,  after  careful  investiga- 
tion, upon  the  recommendation  of  the  school  district  board,  or  board  of  educa- 
tion, furnish  such  child  or  children  a  certificate  called  a  "scholarship/'  stat- 
ing the  amount  of  wages  such  child  or  children  are  receiving,  or  so  much  of 
such  wages  as  shall  be  deemed  necessary  so  long  as  such  child  or  children 
shall  attend  the  public  school  in  accordance  with  the  provisions  of  this  article, 
which  aid  shall  be  allowed  and  paid  upon  the  certificate  of  the  county  superin- 
tendent of  public  instruction  to  the  child  or  children  holding  such  scholarship, 
by  the  county  commissioners.  (4.) 

Section  215.  Penalty  for  Violation:  Any  person  violating  the  provisions 
of  any  section  of  this  article  shall  be  guilty  of  a  misdemeanor  and  upon  convic- 
tion, shall  be  fined  in  any  sum  not  less  than  ten  dollars  nor  more  than  twenty- 
five  dollars.  Each  day  a  child  is  out  of  school  contrary  to  the  provisions  of 
this  article  shall  constitute  a  separate  offense.  Said  fine,  when  collected,  shall 
be  credited  to  the  school  fund  of  the  district  in  which  the  offending  party 
resides.  (5.) 

Section  216.  County  Commissioners  Shall  Provide  Fund  for  Destitute 
Mothers:  It  shall  be  the  duty  of  the  board  of  county  commissioners,  in  mak- 
ing the  estimated  needs  of  such  county  for  the  fiscal  year,  to  provide  an  amount 
not  to  exceed  eight  thousand  ($8,000.00)  dollars;  and  it  shall  be  the  duty  of  the 
county  excise  board  in  such  county  to  make  a  levy  for  such  sum  as  may  be 
needed,  not  to  exceed  the  estimate  made  by  the  county  commissioners  for  the 
partial  support  of  indigent  women  whose  husbands  are  dead  or  insane,  or 
prisoners  in  any  state  institution,  when  such  women  are  mothers  of  children 
under  the  age  of  fourteen  years,  and  such  mother  and  children  reside  in  such 
county.  (Sec.  1,  S.  B.  210,  chap.  183,  L.  1915.) 

Section  217.  Amount  of  Allowance:  The  allowance  to  each  of  such  women 
shall  not  exceed  ten  dollars  ($10.00)  a  month  when  she  has  but  one  child  un- 
der the  age  of  fourteen  years,  and  if  she  has  more  than  one  child  under  the 
age  of  fourteen  years,  it  shall  not  exceed  the  sum  of  ten  dollars  ($10.00)  a 
month  for  the  first  child  and  five  dollars  ($5.00)  a  month  for  each  of  the  other 
children  under  the  age  of  fourteen  years.  (Sec.  2,  S.  B.  210,  chap.  183,  L.  1915.) 

Section  218.  Conditions  of  Payment:  Such  allowance  shall  be  made  by 
the  county  court  and  only  upon  the  following  conditions  1.  The  child  or 
children  for  whose  benefit  the  allowance  is  made  must  be  living  with  the 
mother  of  such  child  or  children.  2.  The  allowance  shall  be  made  only  when 
in  the  absence  of  such  allowance  the  mother  would  be  required  to  work  reg- 
ularly away  from  her  home  and  children,  and  when  by  means  of  such  allow- 
ance she  will  be  able  to  remain  at  home  with  her  children.  3.  The  mother 
must,  in  the  judgment  of  the  county  court,  be  a  proper  person,  morally,  physic- 
ally and  mentally,  for  the  bringing  up  of  her  children.  4.  Such  allowance 
shall,  in  the  judgment  of  the  court,  bd  necessary  to  save  the  child  or  children 
from  neglect.  5.  No  person  shall  receive  the  benefit  of  this  act  who  shall 
not  have  been  a  resident  of  the  county  in  which  such  application  is  made  for 
at  least  two  years  next  before  the  making  of  such  application  for  such  allow- 
ance. (Sec.  3,  S.  B.  210,  chap.  183,  L.  1915.) 

Section  219.  Allowance  Ceases — When:  Whenever  any  ctild  shall  reach 
the  age  of  fourteen  years  any  allowance  made  to  the  mother  of  such  child 
for  the  benefit  of  such  child  shall  ^pas?.  The  county  court  may.  at  its  discre- 
tion, at  any  time  before  such  child  reaches  the  age  of  fourteen  years,  dis- 
continue or  modify  the  allowance  to  any  mother  and  for  any  child.  (Sec.  4, 
S.  B.  210,  chap.  183,  L.  1915.) 

Section  220.  If  Fund  Insufficient,  County  Judge  to  Select  Cases:  Should 
the  fund  herein  authorized  be  sufficient  to  permit  an  allowance  to  only  a  part 
of  the  persons  coming  within  the  provisions  of  this  law,  the  county  court  shall 
select  those  cases  in  most  urgent  need  of  such  allowance.  (Sec.  5,  S.  B.  210,  chap. 
183,  L.  1915.) 

43 


Section  221.  Provisions  not  to  Apply— When:  The  provisions  of  this  law 
shall  not  apply  to  any  woman  whose  husband  is  not  dead  or  who  is  not  con- 
fined in  the  Oklahoma  State  Penitentiary  or  other  prison  in  this  state,  or  is  in 
a  state  institution  for  the  insane  in  this  state,  and  in  the  two  latter  cases  it 
shall  not  apply  unless  such  prisoner  is  the  lawful  husband  of  the  woman 
seeking  such  allowance.  (Sec.  6,  S.  B.  210,  chap.  183,  L.  1915.) 

Section  222.  Penalty:  Any  person  procuring  or  attempting  to  procure 
any  allowance  for  a  person  not  entitled  thereto  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  one  hundred  ($100.00)  dollars  nor  more  than  five  hundred  dollars 
(500.00)  or  by  imprisonment  in  the  county  jail  for  a  period  of  not  more  than 
one  year,  or  by  both  such  fine  and  imprisonment.  (Sec.  7,  S.  B.  210,  chap.  183, 
L.  1915.) 

Section  223.  Order  to  Be  Made  by  County  Judge:  In  each  case  where  an 
allowance  is  made  to  any  woman  under  the  provisions  of  this  act,  a  judgment 
entry  to  that  effect  shall  be  entered  upon  the  records  of  the  county  court  mak- 
ing such  allowance,  and  it  shall  be  the  right  of  any  tax  paying  citizen  at  any 
time  to  file  a  motion  to  set  aside  such  judgment;  and  on  such  motion  the 
county  court,  or  the  court  to  whom  such  motion  may  be  taken  on  a  change 
of  venue,  shall  hear  evidence,  either  with  or  without  a  jury,  as  either  side 
may  demand,  and  may  make  a  new  order  granting  or  refusing  such  allowance, 
and  from  such  order  so  made  an  appeal  shall  lie  as  in  ordinary  civil  cases. 
If  the  judgment  making  such  allowance  is  not  appealed  from,  or  is  affirmed 
on  appeal,  the  person  filing  such  motion  shall  pay  all  the  costs  of  such  motion 
and  the  proceedings  subsequent  thereto.  Such  motion  may  be  renewed  from 
time  to  time,  but  not  oftener  than  once  in  any  calendar  year.  (Sec.  8,  S.  B. 
210,  chap.  183,  L.  1915.) 


ARTICLE  XIV. 

County  Certificates  and  Board  of  Examiners. 


Section  224.  Board  of  Examiners,  Term  and  Compensation:  In  each 
county  there  shall  be  a  board  of  county  examiners  composed  of  the  county 
superintendent  of  public  instruction,  who  shall  be  ex-officio  chairman  of  said 
board,  and  two  competent  persons,  holders  of  first  grade  certificates  or  diplo- 
mas from  some  state  university,  normal  school  or  agricultural  college,  who 
shall  be  appointed  by  such  county  superintendent  and  shall  serve  from  the 
time  of  their  appointment  until  their  successors  have  been  appointed  and  each 
member  of  the  examining  board  shall  receive  for  his  services  the  sum  of 
three  dollars  per  day,  not  to  exceed  five  days  in  any  one  quarter  of  the  year, 
except  at  the  close  of  the  normal  institute  not  to  exceed  ten  days,  said  sums 
to  be  paid  from  the  contingent  fund  of  the  county:  Provided,  each  member 
of  the  board  shall  receive  pay  for  only  the  number  of  days  he  or  she  is  em- 
ployed in  holding  examinations  and  grading  papers.  (1.) 

Section  225.  Examination  Dates:  The  board,  two  of  whom  shall  con- 
stitute a  quorum,  shall,  on  the  fourth  Thursday  and  the  Friday  and  Saturday 
following  in  January,  April  and  October  and  at  the  close  of  the  normal  insti- 
tute for  that  county,  only  at  such  places  as  may  be  designated  by  such  county 
superintendent  (who  shall  give  ten  days  notice  by  publication  in  the  official 
paper  of  the  county)  shall  publicly  examine  all  persons  proposing  to  teach  in 
the  public  schools  of  the  county,  as  to  their  competency  to  teach  the  branches 
prescribed  by  law;  and  such  board  of  examiners  shall  issue  certificates,  as 
hereinafter  provided,  to  all  such  applicants  as  shall  pass  the  required  examina- 
tion and  satisfy  the  board  as  to  their  good  moral  character  and  their  ability 
to  teach  and  govern  schools  successfully.  (2.) 

Section  226.  Certificates  Issued:  Certificates  issued  by  the  county  boards 
shall  be  of  three  grades;  first,  second  and  third,  and  shall  continue  in  force 
respectively,  four  years,  two  years,  and  one  year.  (.3) 

44 


Section  227.  First  Grade  Certificates:  Certificates  of  the  first  grade  shall 
certify  that  the  person  to  whom  they  are  issued  is  profiicient  in  and  fully 
qualified  to  teach  algebra,  physics,  American  literature,  arithmetic,  composi- 
tion, civics,  elementary  psychology,  English  grammar,  geography,  Oklahoma 
history  and  government,  orthography,  physiology  and  hygiene,  reading,  theory 
and  practice  of  teaching,  United  States  history,  writing  and  the  elements  of 
agriculture,  domestic  science,  music  and  general  history,  and  shall  not  be  is- 
sued to  any  person  under  twenty  years  of  age,  and  not  to  those  who  have  not 
taught  successfully  twelve  school  months:  Provided,  that  no  person  who  re- 
ceives a  first  grade  certificate  shall  make  a  general  average  of  less  than 
ninety  per  cent,  and  not  below  seventy-five  per  cent  in  any  one  subject.  (4.) 

Section  228.  Second  Grade  Certificates:  Certificates  of  the  second  grade 
may  be  issued  to  persons  not  less  than  eighteen  years  of  age,  who  shall  fully 
satisfy  the  board  as  to  their  ability  to  teach  all  the  branches  prescribed  for 
first  grade  certificates,  except  algebra,  physics  and  general  history,  and  who 
have  taught  successfully  six  school  months:  Provided,  that  no  person  who 
receives  a  second  grade  certificate  shall  make  a  general  average  of  less  than 
eighty  per  cent  or  not  below  sixty-five  per  cent  in  any  one  subjct.  (5.) 

Section  229.  Third  Grade  Certificates:  Certificates  of  the  third  grade 
shall  certify  that  the  person  to  whom  they  are  issued  is  not  under  eighteen 
years  of  age  and  is  proficient  in,  and  fully  qualified  to  teach,  all  the  branches 
prescribed  for  a  second  grade  certificate,  except  American  literature  and 
psychology,  and  made  a  general  average  of  not  less  than  seventy-five  per  cent 
and  not  below  sixty  per  cent  in  any  one  subject;  and  no  third  grade  certificate 
shall  be  issued  more  than  twice  to  the  same  person.  (6.) 

Section  230.  Renewals:  All  county  teachers'  certificates  may  be  renewed 
for  the  term  for  which  they  were  originally  issued  by  the  county  superintend- 
ent of  public  instruction,  upon  satisfactory  evidence  that  the  holder  has  at- 
tended seventy-five  per  cent  of  the  normal  institutes  or  teachers'  training 
courses  held  in  the  county  where  he  taught  or  has  taken  as  many  as  ten 
weeks  special  training  in  any  of  the  state  normal  schools,  and  has  attended 
as  many  as  fifty  per  cent  of  the  county  teachers'  associations  held  in  the 
county  during  the  time  the  certificate  was  in  force  and  has  been  engaged 
continuously  in  teaching.  (7.) 

NOTE — If  requirements  for  renewal  of  certificates  have  all  been  met,  a  cer- 
tificate may  be  renewed  prior  to  its  expiration.  (8-7-14.)  County  superintendent 
must  collect  same  fee  for  renewing  certificate  as  for  issuing  original  certificate. 
(8-6-14.) 

Section  231.  Certificates  Valid  in  Other  Counties — Revocation — State 
Certificate:  No  third  grade  certificate  shall  be  in  force  except  in  the  county 
in  which  it  is  issued:  Provided,  that  the  county  superintendent  shall  endorse 
the  unexpired  first  grade  certificates  issued  in  any  other  county,  and  all  second 
grade  certificates  shall  be  endorsed  by  the  county  superintendent  of  any  county 
adjoining  the  county  in  which  said  second  grade  certificate  was  issued,  which 
certificate  shall  thereby  be  valid  in  the  county  in  which  such  endorsement  is 
made  for  the  unexpired  term  of  the  certificate.  A  certificate  issued  under 
this  act  may  be  revoked  by  the  board  of  examiners  on  the  ground  of  immor- 
ality or  for  any  other  cause  that  would  have  justified  the  withholding  thereof 
whan  the  same  was  granted:  Provided,  that  if  persons  who  apply  for  first 
grade  certificates  desire  a  state  certificate  of  the  same  grade  they  may  make 
application  to  the  county  superintendent  of  public  instruction  at  the  time  they 
make  preliminary  application  for  the  examination  that  their  papers  be  for- 
warded to  the  state  superintendent  of  public  instruction  and  shall  pay  such 
county  superintendent  an  additional  fee  of  two  dollars,  then  at  the  close  of 
the  examination,  after  all  papers  have  been  graded  and  certificates  issued, 
such  county  superintendent  shall  forward  to  the  state  superintendent  the  exam- 
ination papers  of  the  applicants  for  state  certificates  and  fees  of  two  dollars. 
The  state  superintendent,  upon  receipt  of  the  manuscripts  and  fees  of  two 
dollars,  shall  cause  the  papers  to  be  examined  and  if  it  is  found  that  the 
grades  are  sufficient  as  provided  by  section  4  of  this  article,  the  said  state 
superintendent  shall  notify  the  applicant  of  the  fact  and  if  the  applicant  had 
received  a  county  certificate  from  the  county  board  of  examiners,  he  shall  send 
the  county  certificate  to  the  state  superintendent  to  be  cancelled  and  receive 
in  return  a  state  certificate  of  the  first  grade,  and  if  no  county  certificate  had 

45 


been  issued  to  the  applicant,  the  state  superintendent  shall  send  the  applicant 
a  state  certificate  when  notifying  him  of  his  grades,  if  the  applicants  are 
entitled  to  receive  the  same.  The  fees  required  in  this  section  for  state  certi- 
ficates shall  be  used  by  the  state  superintendent  to  employ  competent  persons  to 
grade  manuscripts  forwarded  to  him  by  such  county  superintendents:  Pro- 
vided further,  that  all  first  grade  certificates  may  be  renewed  for  four  years 
by  the  state  superintendent  upon  satisfactory  evidence  that  the  holder  has 
attended  seventy-five  per  cent  of  the  normal  institutes  held  in  the  county 
where  he  taught,  or  has  taken  as  many  as  twenty  weeks  special  training  in 
one  of  the  state  normal  schools,  and  has  attended  as  many  as  fifty  per  cent 
of  the  county  and  state  teachers'  associations  held  in  the  county  and  state 
during  the  time  the  certificate  was  in  force  and  has  been  engaged  continuously 
in  teaching.  (8.) 

Section  232.  Carrying  of  Grades  Prohibited:  No  person  shall  be  per- 
mitted to  carry  any  grades  from  a  certificate  of  a  lower  grade  to  a  certificate 
of  a  higher  grade:  Provided,  that  credits  secured  within  three  years  from  any 
of  the  state  normal  schools,  the  state  university  and  the  Agricultural  and  Me- 
chanical College  on  subjects  that  would  entitle  the  holder  to  graduation  on 
that  subject  may  be  substituted  in  lieu  of  an  examination  on  that  subject  and 
said  credits  may  be  carried  from  a  certificate  of  a  lower  grade  to  a  certificate 
of  a  higher  grade.  (9.) 

NOTE — Credits  made  in  accredited  high  schools  and  accepted  by  a  state 
institution  cannot  be  certified  to  the  county  superintendent  and  accepted  on  cer- 
tificates. See  also  Sec.  11. 

Section  233.  Temporary  Certificates:  The  county  superintendent,  upon 
request  made  in  writing  by  any  district  board,  and  after  satisfying  himself  by 
examination  of  the  ability  or  proficiency  of  the  applicant,  may  grant  a  tem- 
porary certificate  in  case  of  necessity,  valid  only  in  the  designated  district, 
and  valid  only  until  the  next  regular  examination  by  the  county  board  of 
examiners:  Provided,  that  no  such  temporary  certificate  shall  be  granted  to 
any  applicant  who  has  failed  in  examination  at  any  such  regular  meeting  of 
the  board,  nor  shall  such  certificates  be  granted  twice  to  the  same  person: 
Provided  further,  that  the  county  superintendent  shall  not  be  compelled  to 
charge  for  the  issuance  of  temporary  certificates.  (10.) 

Section  234.  No  Certificate  Without  Examination — Penalty:  No  certi- 
ficate shall  be  issued  by  any  board  of  county  examiners  except  on  examination 
as  herein  provided  and  any  county  superintendent  or  member  of  the  county 
board  of  examiners  who  violates  any  of  the  provisions  of  this  article,  not 
otherwise  provided,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction, shall  be  fined  in  any  sum  not  less  than  one  hundred  dollars  and  not 
more  than  five  hundred  dollars.  (11.) 

Section  235.  Disposing  of  Questions  Prohibited — Penalty:  Should  any 
person  offer  to  sell,  barter  or  give  away  what  purports  to  be  copies  of  questions 
to  be  given  at  a  future  examination,  he  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  fined  in  any  sum  not  less  than  one  hundred  dollars 
nor  more  than  three  hundred  dollars,  and  shall  be  confined  in  the  county  jail 
for  not  less  than  thirty  days  nor  more  than  six  months  and  be  forever  barred 
from  teaching  in  any  of  the  public  schools  of  this  state.  (12.) 

Section  236.  Same:  Should  any  printer  or  party  who  has  custody  of  the 
examination  questions  prior  to  the  date  of  the  examination  wilfully  permit  the 
same  to  fall  into  the  hands  of  parties  unauthorized  by  law  to  receive  them  (he) 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  punished  as 
provided  in  section  12  of  this  article.  (13.) 

Section  237.  Regulations  for  Handling  Questions:  Questions  for  the 
examination  shall  be  printed  by  the  direction  of  the  state  superintendent  and 
shall  be  furnished  to  the  county  superintendents  of  public  instruction  only  upon 
written  requisition  for  the  same.  The  questions  for  each  day  shall  be  securely 
sealed  in  separate  envelopes  and  the  three  envelopes  securely  wrapped  in  a 
package.  The  package  containing  the  envelopes  shall  have  written  or  printed 
thereon  a  notice  of  the  contents  and  the  date  of  the  examination.  On  the 
morning  of  the  first  day  of  the  examination,  after  the  preliminary  applications 
have  been  made,  the  original  package  shall  be  opened  by  the  party  conducting 
the  examination  in  the  presence  of  the  persons  applying  for  certificates,  and 
the  envelopes  taken  therefrom.  The  envelope  containing  the  questions  for  the 

46 


first  day  shall  then  be  opened  in  the  presence  of  persons  applying  for  cer- 
tificates, and  on  the  mornings  of  the  second  and  third  days  the  other  envelopes 
shall  be  so  opened.  Persons  violating  the  provisions  of  this  section  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  punished  as  provided 
in  section  12  of  this  article.  (14.) 

Section  238.  Giving  Aid  Prohibited:  If  any  person  offers  to  give  or  re- 
ceive aid  during  the  examination,  it  shall  be  the  duty  of  such  county  superin- 
tendent or  the  person  conducting  the  examination,  to  compel  such  person  or 
persons  to  retire  from  the  examination  and  he  shall  be  barred  from  receiving 
a  certificate  for  one  year.  (15.) 

Section  239.  Academic  or  Professional  Training  Required  After  January, 
1918:  After  January,  1918,  no  person  shall  receive  a  third  grade  certificate 
unless  he  shall  have  had  either  academic  training  equivalent  to  one  year  in  an 
approved  high  school  of  this  state,  or  have  had  at  least  ten  weeks  professional 
training  in  one  of  the  Oklahoma  State  Normal  Schools,  State  University,  or 
Agricultural  and  Mechanical  College,  or  an  institution  in  this  state,  or  other 
state  having  equivalent  teachers'  professional  course,  and  no  person  shall  re- 
ceive a  second  grade  certificate  unless  he  shall  have  had  academic  training 
equivalent  to  two  years  in  an  approved  high  school  of  this  state  or  have  had 
at  least  twenty  weeks  professional  training  in  one  of  the  Oklahoma  State 
Normal  Schools,  State  University,  or  Agricultural  and  Mechanical  College,  or 
institution  in  this  state  or  other  state  having  equivalent  teachers'  professional 
course,  and  no  person  shall  receive  a  first  grade  certificate  unless  he  shall  have 
had  either  academic  training  equivalent  to  three  years  in  an  approved  high 
school  of  this  state  or  have  had  at  least  thirty-six  weeks  professional  training 
in  one  of  the  Oklahoma  State  Normal  Schools,  or  State  University,  or  Agricul- 
tural and  Mechanical  College,  or  an  institution  in  this  state  or  other  state  hav- 
ing equivalent  teachers'  professional  course.  This  section  shall  never  affect 
the  right  of  renewal  under  section  230.  (Sec.  1,  S.  B.  413,  chap.  282,  L.  1915.) 

Section  240.  Fee  for  Certificates— Disposition:  The  county  superintend- 
ent of  public  instruction  shall  collect  from  each  party  applying  for  a  county 
certificate  a  fee  of  two  dollars,  which  shall  be  turned  over  to  the  county  treas- 
urer to  be  credited  to  the  normal  institute  fund  of  the  county,  to  be  used 
only  in  defraying  the  expense  of  conducting  normal  institutes  or  teachers' 
training  courses  in  that  county.  (17.) 

Section  241.  Revocation  of  Certificates:  A  certificate  issued  under  the 
provisions  of  this  article  may  be  revoked  by  the  power  issuing  the  same  on  the 
ground  of  immorality,  or  for  any  cause  that  would  have  justified  the  with- 
holding thereof  when  the  same  was  granted.  (18.) 


47 


ARTICLE  XV. 

Separate  Schools. 


Section  242.  Races  Shall  Be  Separate:  The  public  schools  of  the  state 
of  Oklahoma  shall  be  organized  and  maintained  upon  a  complete  plan  of  sepa- 
ration between  the  white  and  colored  races,  with  impartial  facilities  for  both 
races.  (1.) 

Section  243.  Meaning  of  Terms:  The  term  "colored"  as  used  in  the 
preceding  section  shall  be  construed  to  mean  all  persons  of  African  descent 
who  possess  any  quantum  of  negro  blood,  and  the  term  "white"  shall  include 
all  other  persons.  The  term  "public  school,"  within  the  meaning  of  this 
article,  shall  include  all  schools  provided  for,  or  maintained,  in  whole  or  in 
part,  at  public  expense.  (2.) 

Section  244.  Separate  School  Designated:  The  county  separate  school 
in  each  district  is  hereby  declared  to  be  that  school  in  said  school  district  of 
the  race  having  the  fewest  number  of  children  in  said  school  district:  Provided, 
that  the  county  superintendent  of  public  instruction  of  each  county  shall  have 
authority  to  designate  what  school  or  schools  in  each  school  district  shall  be 
the  separate  school  and  which  class  of  children,  either  white  or  colored,  shall 
have  the  privilege  of  attending  such  separate  school  or  schools  in  said  school 
district.  Members  of  the  district  school  board  shall  be  of  the  same  race  as 
the  children  who  are  entitled  to  attend  the  school  of  the  district,  not  the  sepa- 
rate school.  (3.) 

Section  245.  Penalty  for  Violation:  Any  teacher  in  this  state  who  shall 
wilfully  and  knowingly  allow  any  child  of  the  colored  race  to  attend  the 
school  maintained  for  the  white  race,  or  allow  any  white  child  to  attend  the 
school  maintained  for  the  colored  race,  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less  than  ten  dol- 
lars nor  more  than  fifty  dollars,  and  his  certificate  shall  be  cancelled  and  he 
shall  not  have  another  issued  to  him  for  a  term  of  one  year.  (4.) 

Section  246.  Provisions  Apply  to  All  Schools  and  Colleges:  It  shall  be 
unlawful  for  any  person,  corporation  or  association  of  persons,  to  maintain  or 
operate  any  college,  school  or  institution  of  this  state  where  persons  of  both 
white  and  colored  races  are  received  as  pupils  for  instruction,  and  any  person 
or  corporation  who  shall  operate  or  maintain  any  such  college,  school  or  insti- 
tution in  violation  hereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  fined  not  less  than  one  hundred  dollars,  nor  more 
than  five  hundred  dollars,  and  each  day  such  school,  college  or  institution  shall 
be  open  and  maintained  shall  be  deemed  a  separate  offense.  (5.) 

Section  247.  Punishment:  Any  instructor  who  shall  teach  in  any  school, 
college  or  institution  where  members  of  the  white  race  and  colored  race  are 
received  and  enrolled  as  pupils  for  instruction,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  each  offense,  and  each  day  any 
instructor  shall  continue  to  teach  in  any  such  college,  school  or  institution 
shall  be  considered  a  separate  offense.  (6.) 

Section  248.  Illegal  to  Attend  School  of  Different  Race:  It  shall  be  un- 
lawful for  any  white  person  to  attend  any  school,  college  or  institution,  where 
colored  persons  are  received  as  pupils  for  instruction,  and  any  one  so  offending 
shall  be  fined  not  less  than  five  dollars,  nor  more  than  twenty  dollars  for  each 
offense,  and  each  day  such  person  so  offends  as  herein  provided  shall  be 
deemed  a  distinct  and  separate  offense:  Provided,  that  nothing  in  this  article 
shall  be  so  construed  as  to  prevent  any  private  school,  college  or  institution  of 
learning  from  maintaining  a  separate  or  distinct  branch  thereof  in  a  different 
locality.  (7.) 

48 


Section  249.  Support  for  Separate  School:  In  all  counties  where  county 
separate  schools  for  white  and  colored  children  are  maintained,  the  county 
excise  board  shall  annually  levy  a  tax  on  all  taxable  property  in  their  respec- 
tive counties  sufficient  to  maintain  such  separate  school,  as  hereinafter  pro- 
vided, upon  an  estimate  made  by  the  county  commissioners,  said  taxes  shall 
be  estimated,  published,  levied  and  collected  in  the  same  manner  as  other 
taxes  for  county  purposes,  and  in  school  districts  where  such  separate  schools 
are  maintained,  no  white  child  shall  attend  a  colored  school  or  a  colored  child 
attend  a  white  school.  (8.) 

NOTE — Repairs  to  all  buildings  for  separate  schools  must  be  made  by  the 
county.  (8-10-14.)  Supplies  for  separate  schools  are  purchased  and  paid  for 
by  the  county.  (2-2-14.) 

Section  250.  No  Separate  School — When:  In  any  school  district  in  such 
county  having  both  white  and  colored  children  of  school  age  where  the  num- 
ber of  such  children,  either  white  or  colored,  of  school  age,  does  not  exceed  ten, 
and  they  can  be  transferred  to  schools  of  their  own  color  in  adjoining  districts, 
as  hereinafter  provided,  no  separate  school  shall  be  maintained.  (9.) 

Section  251.  May  Transfer  Pupils:  When  either  the  white  or  colored  chil- 
dren of  school  age  in  any  said  school  district  having  both  white  and  colored 
children  of  school  age,  do  not  exceed  ten  in  number,  the  county  superintendent 
of  public  instruction  in  such  county  shall  transfer  the  white  or  colored  chil- 
dren to  the  nearest  school  of  their  own  color  in  some  adjoining  district,  when 
the  same  can  be  done  with  the  consent  of  their  parents,  guardian  or  cus- 
todian, or  without  such  consent  when  any  such  children  can  be  so  transferred 
without  compelling  them  to  travel  more  than  two  and  one-half  miles  to  attend 
such  school,  and  when  any  child  is  so  transferred  to  another  school  under  the 
provisions  of  this  section,  such  county  superintendent  shall  apportion  the  per 
capita  of  all  school  revenue,  except  local  school  district  tax  and  county  sepa- 
rate school  fund,  to  the  school  district  to  which  it  is  transferred,  and  such 
child  shall  have  all  the  rights  and  privileges  to  which  it  is  transferred  that 
are  enjoyed  by  children  resident  in  such  district.  (10.) 

Section  252.  County  Superintendent  to  Report  to  County  Commissioners: 
The  county  superintendent  of  public  instruction  of  each  county  shall  ascer- 
tain what  districts  of  his  county  have  separate  schools  for  white  and  colored 
children,  the  number  of  such  children  of  each  color  in  each  district,  and 
further  ascertain  the  districts,  if  any,  maintaining  separate  schools  that  have 
not  erected  school  houses  for  both  white  and  colored  children,  and  report  the 
same  to  the  board  of  county  commissioners  of  his  county,  and  in  like  manner 
report  such  facts  when  any  other  district  in  his  county  may  desire  to  establish 
such  separate  school.  (11.) 

Section  253.  County  Commissioners  to  Erect  Buildings:  If,  upon  the  re- 
ceipt of  such  report,  the  board  of  county  commissioners  of  such  county  find 
from  such  report,  or  any  other  legal  evidence  that  they  may  desire  to  consider, 
that  any  of  such  districts  so  maintaining  or  that  are  entitled  to  maintain  sepa- 
rate schools  for  white  and  colored  children,  have  not  within  such  school  dis- 
trict a  school  building  for  that  class  of  children  which  have  been  designated 
by  such  county  superintendent  as  the  class  of  children  which  may  attend  the 
adjoining  districts,  as  provided  herein,  then  said  board  of  county  commis- 
sioners shall  cause  such  county  superintendent  of  such  county  to  file  with 
them  a  statement  in  writing  with  the  specifications  of  the  kind  of  school 
house  needed  by  the  class  of  children  that  are  to  attend  such  county  separate 
school,  and  when  such  board  of  county  commissioners  have  settled  the  plans 
and  specifications  of  such  building  suitable  in  their  judgment  for  such  pur- 
pose, they  shall  advertise  for  bids  for  the  construction  of  swch  building  by  a 
notice  posted  in  such  district,  and  published  at  least  four  consecutive  weeks  in 
a  newspaper  published  in  such  county,  if  any  be  published  therein,  and  if  no 
newspaper  be  published  in  such  county,  then  by  posting  public  notices  in  said 
school  district,  and  at  five  other  public  places  in  said  county,  and  such  con- 
tract shall  be  let  to  the  lowest  responsible  bidder  in  the  same  manner  as  other 
contracts  are  let,  and  the  board  of  commissioners  shall  take  proper  bonds  for 
the  performance  thereof.  Such  buildings  when  completed  and  accepted  by 
such  board  of  county  commissioners,  shall  be  paid  for  by  them  by  warrants 
drawn  by  them  on  the  separate  school  fund  of  such  county.  (12.) 

49 


Section  254.  County  Superintendents  to  Employ  Teachers:  It  shall  here- 
after be  the  duty  of  all  county  superintendents  of  public  instruction  to  contract 
with  and  employ  all  the  teachers  for  the  county  separate  schools  now  main- 
tained, or  hereafter  to  be  established  in  their  respective  counties:  Provided, 
that  the  board  of  education  in  all  independent  districts  shall  contract  with 
and  employ  all  the  teachers  for  the  schools  of  such  districts  which  have  been 
designated  by  the  county  superintendent  as  the  county  separate  school  within 
such  districts.  Teachers  before  being  so  employed  shall  possess  all  the  quali- 
fications which  are  now  required  by  law,  and  the  county  superintendent  of 
public  instruction  shall  have  the  power  to  prescribe  rules  and  regulations 
for  the  government  of  all  county  separate  schools  in  his  county,  except  those 
within  the  independent  districts.  (13.) 

Section  255.  County  Clerk  to  Issue  Warrants:  Warrants  for  the  salary 
of  teachers  employed  in  the  separate  schools  and  all  orders  or  warrants  for  the 
expenses  of  such  schools  shall  be  issued  upon  the  treasurer  by  the  county  clerk 
and  countersigned  by  the  county  superintendent:  Provided,  however,  that  the 
county  clerk  shall  not  draw  on  said  separate  school  fund  for  any  greater 
amount  for  teachers  employed  for  any  district  than  is  paid  the  like  number 
of  teachers  for  the  like  time  by  the  school  district  for  teaching  in  the  other 
schools  of  said  district.  (14.) 

Section  256.  Site  Convenient  to  Majority  of  Pupils:  When  a  school  house 
is  to  be  built  by  the  county  out  of  the  county  separate  school  fund  for  the 
benefit  of  those  children  who  are  to  attend  the  county  separate  school,  it  may 
be  built  at  any  place  within  said  district  which  in  the  judgment  of  the  board 
of  county  commissioners  will  be  most  convenient  to  the  greatest  number  of 
children  for  whom  it  is  entitled  and  for  such  purpose  such  board  of  county 
commissioners  may  receive  title  to  a  proper  school  site  by  gift,  purchase,  or 
proceeding  to  condemn  the  same,  in  the  same  manner  and  with  like  effect  as 
where  such  actions  are  brought  by  school  district.  (15.) 

Section  257.  Unused  Property  May  Be  Sold:  The  board  of  county  com- 
missioners of  any  county  is  hereby  authorized  to  sell  and  convey  any  real  es- 
tate deeded  to  or  held  by  such  county,  for  the  purpose  of  maintaining  a 
county  separate  school  where  the  same  has  not  been  used  for  county  separate 
school  purposes  for  the  preceding  two  years,  and  in  the  opinion  of  such  com- 
missioners will  not  be  needed  for  such  purposes,  such  sale  to  be  in  the  manner 
hereinafter  provided.  (16.) 

Section  258.  Same — Preliminary  Action:  Before  any  such  sale  shall  be 
made,  the  board  of  county  commissioners,  in  regular  or  special  session,  shall 
adopt  a  resolution  declaring  that  said  real  estate  had  not  been  used  for  sepa- 
rate school  purposes  during  the  two  years  immediately  preceding  the  date  of 
such  resolution,  and  that  the  same  is  not  needed  for  separate  school  purposes; 
said  resolution  to  be  published  with  other  proceedings  of  said  board,  and  a 
copy  of  said  resolution  shall  be  certified  by  the  county  clerk  to  the  judge  of 
the  district  court  of  such  county,  and  such  judge  shall  make  a  finding  as  to 
whether  it  is  to  the  best  interest  of  the  county  separate  school  fund  that 
such  property  be  sold,  and  if  he  finds  that  such  sale  is  to  the  best  interest 
of  such  fund,  he  shall  appoint  three  disinterested  freeholders  of  such  county 
to  appraise  said  real  estate,  said  appraisement  to  be  returned  by  said  appraisers 
to  the  board  of  county  commissioners.  (17.) 

Section  259.  Same — Public  Notice  Given:  Upon  the  return  of  the  ap- 
praisement, as  provided  in  tHe  preceding  section,  the  board  of  county  commis- 
sioners shall  give  notice  of  such  sale  by  publishing  in  some  newspaper  of  general 
circulation  in  such  county  for  a  period  of  thirty  days.  (18.) 

Section  260.  Bids  to  Be  in  Writing:  Bids  for  said  real  estate  shall  be  in 
writing,  sealed  and  delivered  to  the  county  clerk  of  such  county,  and  by  him 
presented  (preserved)  unopened  until  the  next  regular  meeting  of  the  board 
of  county  commissioners.  After  the  expiration  of  ten  days  from  the  period  of 
said  publication,  at  which  time  the  board  of  county  commissioners  shall  open 
such  bids  and  award  the  said  real  estate  to  the  highest  bidder:  Provided, 
that  such  real  estate  shall  not  be  sold  for.  less  than  eighty  per  cent  of  its 

50 


appraised  value,  and  the  board  of  county  commissioners  shall  have  the  power 
to  reject  any  and  all  bids.     (19.) 

Section  261.  Deed  Authorized:  When  any  real  estate  shall  have  been 
sold,  as  above  provided,  a  deed  shall  be  made  therefor,  signed  and  acknowl- 
edged by  the  chairman  of  the  board  of  county  commissioners  and  attested  by 
the  county  clerk,  which  deed  shall  recite  the  several  steps  and  proceedings 
taken  to  authorize  such  sale,  and  such  recitals  shall  be  prima  facie  evidence 
of  the  truth  of  the  manner  (matter)  recited.  (20.) 


ARTICLE  XVI. 

Transfer  of  Pupils 


Section  262.  Transfer  Permits  Authorized:  The  county  superintendent  of 
any  county  in  this  state  may,  as  provided  in  this  act,  when  in  his.  judgment  the 
best  interests  of  the  schools  will  not  be  adversely  affected,  and  when  requested 
by  the  parents  or  guardian,  and  with  the  consent  of  the  district  board  of  the 
district  in  which  they  seek  to  attend,  permit  children  living  in  any  school  dis- 
trict in  this  state  to  attend  school  in  another  school  district.  (1.) 

Section  263.  Procedure  of  Transfer:  The  county  superintendent  shall, 
within  five  days  after  the  filing  of  request  by  the  parents  or  guardians  of 
school  children  as  provided  in  section  1  of  this  act  (article),  notify  in  writing 
the  school  boards  of  the  two  school  districts  affected,  of  said  request  of  trans- 
fer. The  county  superintendent  shall  also  notify  the  boards  of  each  district 
affected  that  he  will  hear  any  reason  that  any  member  of  either  board  may 
offer  why  the  transfer  should  not  be  made;  the  hearing  to  be  had  on  a  day 
named  in  said  notice,  not  more  than  ten  days  from  the  giving  of  said  notice. 
The  above  notice  may  be  given  by  the  county  superintendent  mailing  to  the 
secretary  of  each  board  a  written  notice  of  the  request  of  transfer  and  the 
date  of  hearing.  (2.) 

Section  264.  To  Hear  Protests  and  Transfer  Funds:  On  the  date  of  said 
hearing  any  member  of  either  board  affected  by  the  transfer  may  appear  be- 
fore the  county  superintendent  at  his  office  in  the  county  and  give  any  reason 
why  the  transfer  should  not  be  made.  After  having  heard  any  member  of  either 
board  who  desires  to  be  heard,  if  the  county  superintendent  is  of  the  opinion 
that  it  is  to  the  best  interest  of  the  school  children,  and  that  the  best  inter- 
est of  the  schools  will  not  be  adversely  affected,  he  shall  make  the  transfer. 
When  the  county  superintend  authorizes  such  transfer  of  children  from  one 
district  to  another  he  may  transfer  the  state,  county  and  school  district  funds 
to  such  children  from  the  district  in  which  they  reside  to  the  district  in  which 
they  attend  school,  provided  such  transfer  of  funds  shall  not  create  a  deficit 
in  the  funds  of  the  school  district  from  which  the  transfer  is  made.  If 
he  is  not  so  satisfied  that  it  is  to  the  best  interest  of  the  school  children  and 
that  the  interest  of  the  schools  affected  will  not  be  injured,  he  shall  refuse 
the  transfer:  Provided,  that  any  person  interested  in  such  transfer  shall  have 
the  right  of  appeal  from  the  action  of  said  superintendent  to  the  board  of 
county  commissioners.  (Sec.  1,  H.  B.  166,  chap.  16,  L.  1915.) 

Section  265.  No  Transfer — When:  All  hearings  on  applications  for  trans- 
fers of  school  children  mentioned  in  the  first  three  sections  of  this  act  (article) 
shall  be  had  at  least  two  months  before  the  beginning  of  the  schools  in 
either  district  affected.  (4.) 

Section  266.  Transferred  Pupils — Status  of:  After  having  given  notice 
of  the  proposed  change  of  districts,  and  after  the  transfer  being  made  by  the 

51 


county  superintendent,  the  parents  and  children  and  the  school  boards  of  either 
district  affected  shall  be  bound  by  the  regulations,  rules  and  compulsory  school 
law  of  the  school  district  to  which  the  children  are  transferred  for  the  school 
year.  (5.) 

Section  267.  Cities  Considered  School  Districts:  For  all  purposes  of  this 
act  (article)  schools  of  cities  of  the  first  class  shall  be  considered  school  dis- 
tricts. (6.) 

Section  268.  New-Comers  May  Select  School:  Eenters  and  others  who 
come  into  a  school  district  from  an  adjoining  school  district  after  the  school 
term  has  begun  may  make  a  choice  of  the  school  which  their  children  will 
attend  by  giving  notice  to  the  county  superintendent  of  their  intention,  as 
soon  as  a  resident  (residence)  has  been  established,  and  their  children  shall 
be  enumerated  for  that  year  by  the  school  board  for  the  district  in  which 
their  children  shall  attend  school.  (7.) 


ARTICLE  XVII. 

General  Provisions. 


Section  269.  Certificates  to  Graduates  of  State  Schools:  Any  graduate 
of  a  state  normal  school  or  of  any  other  state  educational  institution,  who  has 
satisfactorily  completed  a  course  of  study  approved  by  the  state  board  of  edu- 
cation as  specifically  designated  for  preparation  in  teaching,  may  be  granted 
a  certificate  covering  such  grade  of  schools  and  for  such  length  of  time  as 
the  state  board  of  education  may  by  regulation  determine.  (1.) 

Section  270.  Justices  of  the  Peace  to  Have  Jurisdiction:  Justices  of  the 
peace  shall  have  jurisdiction  in  all  cases  in  which  a  school  district  is  a  party 
interested  when  the  amount  claimed  by  the  plaintiff  does  not  exceed  his 
jurisdiction,  as  provided  by  statute,  and  the  party  shall  have  the  right  to 
appeal  as  in  other  cases,  and  all  fines  and  penalties  not  otherwise  provided  for 
herein  shall  be  collected  by  an  action  in  any  court  of  competent  jurisdiction.  (2) 

Section  271.  Vandalism  Prohibited — Penalty:  Every  person  who  shall 
wilfully  injure  or  destroy  any  building  used  as  a  school  house  or  for  other  edu- 
cational purposes,  or  any  furniture,  fixtures  or  apparatus  thereto  belonging,  or 
who  shall  deface,  mar  or  disfigure  any  such  school  building,  furniture,  trees  or 
fixtures  by  writing,  painting,  cutting  or  pasting,  shall  be  fined  in  any  sum 
not  less  than  ten  nor  more  than  fifty  dollars,  and  such  fines,  when  collected, 
shall  be  turned  into  the  county  treasury  for  the  support  of  the  common  schools 
of  the  county.  The  fine  herein  provided  shall  be  in  addition  to  and  not  in  lieu 
of  the  punishment  provided  by  the  statute  regulating  crimes  of  such  offenses. 
(3.) 

Section  272.  Library  Fund  Shall  Be  Provided:  At  the  time  provided  by 
law  for  making  and  certifying  the  annual  levy  for  taxes  for  school  purposes 
each  year,  except  as  hereinafter  provided,  the  district  board  of  each  school 
district,  and  the  board  of  education  of  each  city  or  town  in  the  state  of  Ok- 
lahoma shall  designate,  set  apart,  and  appropriate  out  of  the  district  fund  a 
sum  of  money  as  a  library  fund,  to  be  used  in  the  purchase  of  books  and 
periodicals  for  a  public  library  for  such  district,  city  or  town,  as  follows:  In 
districts  employing  one  teacher,  not  less  than  five  nor  more  than  ten  dollars 
each  year;  in  districts  employing  more  than  one  and  less  than  four  teachers,  not 
less  than  ten  nor  more  than  twenty-five  dollars  each  year;  in  districts  employ- 
ing more  than  three  teachers,  not  less  than  twenty-five  nor'  more  than  fifty 
dollars  each  year;  in  cities,  not  less  than  fifty  nor  more  than  one  hundred 

52 


dollars  each  year.  The  board  of  education  of  each  city  or  town  and  the  district 
board  of  each  school  district,  except  as  hereinafter  provided,  shall  certify  the 
appropriation  herein  provided  to  the  county  clerk,  and  the  county  clerk  shall 
note  the  appropriation  on  the  tax  rolls  and  certify  same  to  the  county  treasurer, 
and  he  shall  set  apart  the  sum  so  designated  to  the  credit  of  the  district,  city 
or  town  appropriating  the  same,  as  a  library  fund:  Provided,  that  districts  in 
which  the  maximum  levy,  together  with  all  other  school  funds,  do  not  yield  a 
revenue  sufficient  to  support  a  four  months'  term  of  school  during  the  school 
year,  shall  not  be  subject  to  the  provisions  of  this  and  the  following  section. 
(Sec.  7937,  Eevised  Laws  1910.) 

Section  273.  Books  to  Be  Purchased  From  List:  The  county  board  of 
examiners  of  each  county  shall  furnish  the  county  superintendent  a  list  of 
books,  together  with  the  list  price  of  each,  and  the  price  at  which  they  may  be 
purchased,  as  nearly  as  possible,  which  list  shall  designate  the  order  of  pur- 
chase and  shall  govern  the  order  of  purchasing,  so  far  as  the  funds  will  per- 
mit, and  the  county  superintendent  shall,  within  thirty  days  thereafter,  mail 
to  the  secretary  of  each  district  board  in  the  county  the  list  of  books  furnished 
as  herein  provided,  together  with  prices  and  other  information  and  instruction 
for  carrying  out  the  privisions  of  this  and  the  preceding  section.  The  county 
board  of  examiners  shall,  at  periods  of  not  longer  than  two  years  thereafter, 
furnish  additional  lists  of  suitable  books  and  periodicals,  to  be  a  guide  to  fu- 
ture purchases  by  district  boards.  All  such  purchases  shall  follow  the  order 
given  by  the  county  board  of  examiners,  so  far  as  the  funds  will  permit, 
unless  the  lists  include  books  already  in  the  library  of  such  school.  No  dis- 
trict board  or  board  of  education  shall  contract  or  pay  in  warrants  or  other- 
wise more  than  the  lowest  wholesale  price  of  the  books  so  purchased  and  any 
and  all  warrants  issued  in  excess  of  such  sum  shall  be  void  as  to  the  excess 
(Sec.  7938,  Eevised  Laws  1910.) 

Section. 274.  Flag  to  Be  Displayed:  Every  board  of  education  and  school 
district  board  within  this  state  sliall  be  required  to  own  and  display  within 
the  school  house  a  United  States  flag.  Such  boards  shall  purchase  such  flag 
with  any  moneys  derived  for  school  purposes  not  otherwise  specifically  appro- 
priated; and  any  person  charged  with  the  duty  imposed  by  this  section  who 
shall  fail  to  comply  with  the  requirements  of  the  same,  or  shall  violate  this 
law  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars.  (4.) 

Section  275.  Sectarian  Teaching  Prohibited:  No  sectarian  or  religious 
doctrine  shall  be  taught  or  inculcated  in  any  of  the  public  schools  of  this 
state;  but  nothing  in  this  section  shall  be  construed  to  prohibit  the  reading 
of  the  Holy  Scripture.  (5.) 

Section  276.  Inspection  of  State  Institutions:  The  state  board  of  educa- 
tion shall  have  the  authority  and  are  hereby  directed  to  visit  and  inspect  or 
cause  to  be  visited  and  inspected  at  least  twice  a  year,  all  of  the  educational 
institutions  of  higher  learning,  both  public  and  private,  located  within  this 
state.  (5a.) 

Section  277.  Registration  of  Certificates  and  Diplomas  Compulsory:  No 
person  holding  a  state  certificate  shall  be  permitted  to  teach  in  any  of  the 
public  schools  of  the  state  unless  he  shall  file  his  certificate  or  diploma  with 
the  county  superintendent  of  public  instruction  or  the  city  superintendent  if 
employed  in  any  independent  district;  upon  presentation  the  state  certificate  or 
diploma  shall  be  registered  in  a  book  kept  for  that  purpose  by  such  county  su- 
perintendent or  the  city  superintendent,  but  no  fee  for  registration  shall  be 
charged.  (6.) 

Section  278.  To  Teach  Morals:  In  each  and  every  public  school,  it  shall 
be  the  duty  of  each  and  every  teacher  to  teach  morality,  in  the  broadest  mean- 
ing of  the  word,  for  the  purpose  of  elevating  and  refining  the  character  of 
school  children  up  to  the  highest  plane  of  life;  that  they  may  know  how  to 
conduct  themselves  as  social  beings  in  relation  to  each  other,  as  respects 
right  and  wrong,  and  rectitude  of  life,  and  thereby  lessen  wrong-doing  and 
crime.  (7.) 

53 


Section  279.  To  Teach  Human  Kindness:  In  each  and  every  public  school, 
in  addition  to  the  other  branches  of  study  now  prescribed,  not  less  than  one- 
half  hour  each  week  during  the  whole  of  each  term  of  school,  shall  be  devoted 
to  teaching  the  school  children  attending  said  school  kindness  to  and  humane 
treatment  and  protection  to  dumb  animals  and  birds,  their  lives,  habits  and 
usefulness,  and  the  important  part  they  are  intended  to  fulfill  in  the  economy 
of  nature,  and  such  studies  on  the  subject  as  the  board  of  public  education 
may  adopt.  (8.) 

Section  280.  Vivisection  Prohibited:  No  experiments  upon  any  living 
creature  shall  be  permitted  in  any  public  school  within  the  state  of  Oklahoma 
(9.) 

Section  281.  Duty  of  Superintendents  and  Principals:  It  shall  be  the  duty 
of  the  state  superintendent  of  public  instruction,  the  superintendent  of  public 
instruction  of  each  county,  superintendent  of  public  schools  of  each  city,  and 
the  principal  of  each  and  every  public  school,  to  see  that  the  provisions  of  the 
three  preceding  sections  are  strictly  complied  with  in  the  public  schools  under 
his  supervision.  (10.) 

Section  282.  No  Payment  of  Salary — When:  No  teacher  in  the  public 
schools  shall  be  entitled  to  receive  any  portion  of  the  public  school  moneys 
as  compensation  for  services,  unless  such  teacher  shall  have  complied  with 
the  provisions  of  the  preceding  sections.  (11.) 

Section  283.  Arbor  Day:  The  Friday  following  the  second  Monday  in 
March  of  each  year  shall  be  hereafter  known  throughout  Oklahoma  as  Arbor 
day.  (12.) 

Section  284.  Same — Manner  of  Observance:  It  shall  be  the  duty  of  the 
authorities  of  the  public  schools  in  this  state,  to  assemble  the  pupils  in  their 
charge  on  Arbor  day  in  the  school  buildings,  or  elsewhere,  as  may  be  deemed 
proper,  to  provide  for  the  conduct,  under  the  general  supervision  of  the  county 
superintendent  of  public  instruction,  or  city  superintendent  or  other  chief 
officers  having  the  general  oversight  of  the  public  schools  in  each  county  or 
city  such  exercises  as  shall  tend  to  encourage  the  planting,  protection  and  pre- 
servation of  the  trees  and  shrubs,  and  an  acquaintance  with  the  best  methods 
to  be  adopted  to  accomplish  such  results.  (13.) 

Section  285.  Poultry  Exhibit  and  Premium:  The  county  commissioners  of 
the  respective  counties  of  this  state  may  and  they  are  hereby  authorized  and 
empowered  to  appropriate  and  use  any  sum  of  money  not  to  exceed  one  hun- 
dred dollars  per  year  for  the  purpose  of  co-operating  with  the  county  branches 
for  such  respective  counties  of  the  Oklahoma  State  Poultry  Federation  in  the 
work  of  increasing  the  poultry  production  in  such  respective  counties,  such 
money  to  be  expended  in  each  county  under  rules  and  regulations  to  be  agreed 
upon  by  the  county  commissioners  thereof  and  the  officers  of  the  county~"branch 
of  the  Oklahoma  State  Poultry  Federation  in  such  county.  (Sec.  1,  H.  B.  510, 
chap.  252,  L.  1915.) 

NOTE — Eesolved  by  the  Oklahoma  State  Board  of  Education,  that  the 
county  commissioners  of  each  of  the  counties  of  the  state  are  herey  respect- 
fully requested  to  make  the  appropriation  of  one  hundred  ($100.00)  dollars, 
authorized  by  house  bill  No.  510  of  the  last  session  of  the  Oklahoma  legislature, 
and  to  arrange  for  the  same  to  be  offered  as  premiums  on  different  specimens 
of  poultry  raised  by  school  children  in  the  respective  counties  and  exhibited  by 
such  children  at  the  annual  county  shows  to  be  held  by  the  various  county 
branches  of  the  Oklahoma  State  Poultry  Federation  in  said  counties,  and  the 
various  county  school  superintendents  and  school  teachers  of  the  state  are  re- 
spectfully directed  to  bring  this  matter  to  the  attention  of  the  school  children 
of  the  state. 

Adopted  by  the  Oklahoma  State  Board  of  Education  this  16th  day  of 
April,  1915. 

54 


ARTICLE  XVIII. 

Nepotism. 
(Harris-Day  Code.) 


Section  286.  Employment  of  Relatives  Unlawful:  It  shall  be  unlawful 
for  any  executive  or  ministerial  officer  to  appoint  or  vote  for  the  appointment 
of  any  person  related  to  him  by  affinity  or  consanguinity  within  the  third  de- 
gree to  any  position  or  duty  of  the  municipality  of  which  the  executive  officer 
is  a  member,  when  the  salary,  wages,  pay  or  compensation  of  such  appointee 
is  to  be  paid  out  of  the  public  funds  of  such  office.  (2235.) 

Eevised  by  eliminating  matter  referring  to  officers  other  than 
school  districts.  The  attorney-general  holds  that  father  and  mother 
are  first  degree;  grandfather  and  grandmother,  brothers  and  sisters 
are  second  degree;  uncles  and  aunts  third  degree;  and  first  cousins 
and  great  uncles  and  great  aunts  fourth  degree. 

Section  287.  Unlawful  to  Pay  Salary:  It  shall  be  unlawful  for  any 
executive  or  ministerial  officer  mentioned  in  the  preceding  section,  to  draw  or 
authorize  the  drawing  of  any  warrant  or  authority  for  payment  out  of  any 
public  fund,  of  the  salary,  wages,  pay  or  compensation  of  any  such  ineligible 
person,  and  it  shall  be  unlawful  for  any  executive  officer  to  pay  out  of  any 
public  funds  in  his  custody  or  under  his  control  the  salary,  wages,  pay  or 
compensation  of  any  such  ineligible  person.  (2236.) 

Eevised  by  eliminating  matter  referring  to  officers  other  than 
school  district  officers. 

Section  288.  Unlawful  Appointment:  It  shall  be  unlawful  for  any  execu- 
tive or  ministerial  officer  to  appoint  and  furnish  employment  for  any  person 
whose  services  are  to  be  rendered  under  his  direction  and  control  and  paid 
for  out  of  the  public  funds,  and  who  is  related  by  either  blood  or  marriage 
within  the  third  degree  to  any  other  ministerial  officer  when  such  appointment 
is  made  in  part  consideration  that  such  other  officer  shall  appoint  and  furnish 
employment  to  any  one  so  related  to  the  officer  making  such  appointment. 
(2237.) 

Section  289.  Penalty:  Any  officer  who  shall  violate  any  provision  of  this 
article  shall  be  deemed  guilty  of  a  misdemeanor  involving  official  misconduct, 
and  shall  be  punished  by  a  fine  of  not  less  than  one  hundred  or  more  than  one 
thousand  dollars,  and  shall  forfeit  his  office.  (2239.) 

Section  290.  Officers  Affected:  Under  the  designation  executive  or  min- 
isterial officer  as  mentioned  herein  are  included  public  school  trustees  and  all 
other  officials  of  the  state,  district,  county,  city  or  other  municipal  sub- 
divisions of  the  state.  (2241.) 


55 


ARTICLE  XIX. 

School  Fraternities. 
(Chapter  92,  Session  Laws  1913.) 


Section  291.  School  Fraternities  and  Societies  Prohibited:  It  shall  be 
unlawful  for  any  pupil  registered  in  any  elementary  or  high  school  of  the 
state  supported  wholly  or  in  part  by  public  funds,  to  join,  to  become  a  member 
of,  or  to  solicit  any  other  person  to  become  a  member  of  any  fraternal,  sorority, 
or  other  secret  society  formed  wholly  or  in  part  from  the  membership  of  pupils 
attending  such  school. 

Section  292.       Enforcement  by  Boards  of  Education— Punishment:     The 

boards  of  education  and  school  directors  shall  enforce  the  provisions  of  section 
291  and  shall  have  full  power  and  authority  to  make  all  rules  and  regulations 
for  the  enforcement  of  its  provisions.  Any  member  or  members  of  such  boards 
of  education  or  directors  failing  to  take  steps  to  enforce  the  provisions  of 
section  291  shall  be  liable  to  a  fine  of  not  less  than  twenty-five  dollars  and  not 
more  than  one  hundred  dollars  for  each  failure. 

Section  293.  Suspension  and  Expulsion  of  Pupils:  The  boards  of  educa- 
tion and  school  directors  shall  have  full  power  to  suspend  and  expel  any  and 
all  pupils  who  shall  refuse  to  comply  with  the  regulations  of  such  boards,  or 
the  provisions  of  section  291  of  this  article. 

Section  294.  Soliciting  for  Fraternity  Membership  Prohibited — Punish- 
ment: It  is  hereby  declared  to  be  unlawful  for  any  person  to  cause,  solicit,  in- 
duce, or  encourage  any  pupil  or  pupils  of  the  public  elementary  or  high  schools 
of  the  state  to  join,  or  become  members  of  any  fraternity,  sorority  or  other 
secret  society,  or  to  solicit  any  person  or  persons  to  attend  any  meeting  of 
such  societies  or  other  meeting  wherein  membership  to  such  societies  is  en- 
couraged. Such  person  shall  be  liable  to  a  fine  of  not  less  than  twenty-five 
dollars  and  not  more  than  five  hundred  dollars  for  each  offense.  Such  offender 
may  be  tried  in  any  court  of  competent  jurisdiction  in  the  state. 


ARTICLE  XX. 

State  Board  of  Education. 
(Chapter  47,  Session  Laws  1910-1911.) 


Section  295.  State  Board  of  Education  Created:  The  state  board  of  edu- 
cation shall  consist  of  seven  members,  including  the  state  superintendent  of 
public  instruction,  who  shall.be  the  president,  and  six  members  appointed  by 
the  governor,  by  and  with  the  advice  and  consent  of  the  senate,  for  a  period  of 
six  years,  except  as  hereinafter  provided.  The  appointive  members  shall 
possess  the  same  qualifications  and  be  subject  to  the  same  restrictions  and  limita- 
tions as  are  now  required  of  the  textbook  commission,  and  at  least  two  of  them 
shall  be  practical  school  men  who  shall  have  had  at  least  four  years  experience 
in  actual  school  work,  two  years  of  which  shall  have  been  in  the  state  of  Okla- 
homa. TTpon  the  passage  and  approval  of  this  act,  two  members  shall  be  ap- 
pointed for  a  term  ending  June  30,  1913,  two  members  for  a  term  ending  June 
30,  1915,  and  two  members  for  a  term  ending  June  30,  1917,  subsequent  appoint- 

56 


ments,  except  to  fill  vacancies,  shall  be  for  the  full  term  of  six  years.  The 
appointive  members  of  said  board  shall  receive  as  compensation  for  their  serv-- 
ices  the  sum  of  six  dollars  ($6.00)  per  day,  their  necessary  traveling  expenses, 
and  actual  hotel  expenses  not  to  exceed  three  dollars  ($3.00)  per  day,  while 
in  the  performance  of  their  duties,  and  they  shall  not  be  removed  during  their 
term  of  office  except  for  cause.  There  shall  be  appointed  by  the  president  to 
be  approved  by  said  board  a  secretary,  who  shall  receive  a  salary  of  two  thou- 
sand dollars  per  annum,  and  a  stenographer,  who  shall  receive  a  salary  of 
twelve  hundred  dollars  per  annum,  payable  monthly,  and  said  positions  are 
hereby  created. 

Section  296.  Powers  and  Duties:  The  state  board  of  education,  organized 
in  pursuance  of  this  act,  shall  be  the  legal  successor  of  the  state  board  of 
education  as  it  now  exists,  the  state  textbook  commission,  the  board  of  regents 
of  the  State  University,  the  board  of  regents  of  the  university  preparatory 
schools  at  Tonkawa  and  Claremore,  the  board  of  education  now  in  control  of 
the  state  normal  schools,  the  board  of  regents  of  the  Oklahoma  Industrial 
Institute  and  College  for  Girls  at  Chick'asha,  the  board  of  regents  of  the  School 
of  Mines  and  Metallurgy  at  Wilburton,  the  board  of  control  of  the  School  for 
the  Deaf  at  Sulphur,  the  board  of  control  for  the  School  for  the  Blind,  the 
board  of  control  of  the  Boys'  Training  School  at  Pauls  Valley,  the  board  of 
control  of  the  Orphans  Home  at  Pryor  Creek,  the  board  of  control  of  the  In- 
stitution for  the  Feeble-Minded  at  Enid,  the  board  of  regents  of  the  Colored 
Agricultural  and  Normal  University  at  Langston,  the  board  of  regents  of  the  In- 
stitute for  the  Deaf,  Blind  and  Orphans'  Home  for  the  colored  at  Taft,  and 
shall  have  all  the  powers,  rights  and  privileges  heretofore  legally  exercised 
by  said  boards:  Provided,  nothing  in  this  act  shall  invalidate  any  contracts 
entered  into  by  the  textbook  commission.  Said  board  shall  have  the  follow- 
ing additional  powers  and  duties: 

a.  The  general  supervision  of  the  public   schools  of  the   state. 

b.  To    formulate    and    adopt    courses    of    study    for    the    common    schools 
and  county  normal  institutes;   and  arrange  courses  of  study,  and  adopt  text- 
books for  use  in  the  higher  educational  institutions  of  the  state. 

c.  To  formulate  rules  and  regulations  governing  the  issuance  of  all  certi- 
ficates to  teach  in  the  public  schools  of  this  state. 

d.  To   prepare   questions   for   the   examination    of    applicants   for    county 
and  city  certificates  to  teach  in  the  public  schools  of  the  state. 

e.  To   examine    applicants    for    state    certificates,    to    teach    in    the    public 
schools  of  the  state,  and  for  conductors'  and  instructors'  certificates  to  teach 
in  the  county  normal  institutes. 

f.  To  prepare  examination  questions  for  graduates  from  the  eighth  grade 
of  the  public  schools. 

g.  To  classify  the  public  high  schools  of  the  state  and  properly  accredit 
them  to  the  various  higher  educational  institutions  of  the  state. 

h.  To  formulate  and  adopt  courses  of  study  for  state  pupils'  reading 
circles  and  for  state  teachers  reading  circles;  and  to  select  books  to  be  used  in 
said  reading  circles,  and  to  prepare  questions  for  the  issuance  of  reading  circle 
certificates. 

i.  The  state  board  of  education  shall  make  a  biennial  report  to  the  gov- 
ernor and  legislature,  setting  forth  the  work  of  the  board  and  the  condi- 
tions of  the  schools  of  the  state.  The  board  shall  also  prepare  and  submit  to 
the  governor  thirty  days  before  the  convening  of  each  regular  session  of  the 
legislature  a  budget  estimating  the  necessary  appropriations  for  each  of  the 
institutions  under  their  management  and  control. 

j.  Upon  application  having  been  made  in  writing  by  the  organization 
representing  the  commercial  and  business  colleges  and  institutions  in  the  state, 
it  shall  be  the  duty  of  said  board  to  formulate  rules  and  regulations  which 
shall  govern  the  organization,  operation,  management  and  control  of  said 
commercial  and  business  colleges;  the  authority  herein  granted  is  in  addition 
to  that  above  stated  to  extend  to  the  formulation  and  adoption  of  courses  of 
studies,  the  length  of  time  necessary  to  complete  the  same,  and  rules  and 
regulations  governing  the  issuance  of  diplomas  by  said  commercial  colleges. 

57 


Section  297.  May  Assess  and  Collect  Certain  Fees:  The  state  board  of 
education  and  the  state  board  of  agriculture  shall  have  authority  to  fix  and 
collect  a  library  and  laboratory  fee  from  all  students  at  various  state  insti- 
tutions under  their  respective  jurisdictions,  said  library  fee  to  cover  wear  and 
tear  of  library  books,  and  said  laboratory  fee  to  cover  breakage  in  laboratory, 
and  said  boards  shall  require  all  non-resident  students  attending  said  institu- 
tions to  pay  a  reasonable  tuition,  to  be  fixed  by  the  respective  boards,  and 
the  net  proceeds  of  all  such  fees  and  tuitions,  after  all  proper  refunds  have 
been  made,  shall  be  paid  into  the  state  treasury;  provided,  that  the  students 
from  states  permitting  students  from  Oklahoma  to  attend  their  state  institu- 
tions without  tuition  shall  not  be  charged  tuition  in  any  state  institution  of  the 
state  of  Oklahoma.  (Sec.  1,  S.  B.  356,  chap  151,  L.  1915.) 

Section  298.  Certain  District  to  Help  Support  State  Schools — When:  It 
shall  be  the  duty  of  any  independent  or  common  school  district  in  this  state 
where  a  state  school  is  located,  to  aid  in  the  support  and  maintenance  of 
said  state  school;  provided,  such  independent  or  common  school  district  does 
not  maintain  a  fully  accredited  high  school  course.  When  the  pupils  of  any 
such  independent  or  common  school  district,  shall  attend  as  pupils  in  any  such 
state  school,  such  independent  or  common  school  district  shall  pay  into  the 
state  treasury  an  amount  equal  to  the  per  capita  cost  of  educating  pupils  in 
said  state  school;  and  the  state  board  of  education  shall  determine  the  per 
capita  cost  of  maintaining  the  said  state  school  and  file  such  schedule,  showing  per 
capita  cost,  with  the  clerk  of  any  such  independent  or  common  school  dis- 
trict. Such  independent  or  common  school  district  shall,  before  June  30th 
of  each  year,  pay  into  the  state  treasury  an  amount  to  be  determined  by 
multiplying  the  number  of  pupils  attending  such  state  school  from  such  dis- 
trict, by  the  per  capita  cost  of  maintaining  the  state  school  for  the  preceding 
fiscal  year.  (Sec.  1,  H.  B.  65,  chap  84,  L.  1915.) 


ARTICLE  XXI. 

Business  Colleges. 


Section  299.  Shall  Give  Bond:  Any  person,  firm,  association  or  corpo- 
ration having  established  or  proposing  to  establish  a  business  college  in  the 
state  of  Oklahoma,  shall  be  required ,  to  furnish  a  good  and  sufficient  bond 
with  two  or  more  sureties,  to  be  approved  by  the  county  clerk,  to  the  state 
of  Oklahoma,  in  the  penal  sum  of  two  thousand  ($2,000.00)  dollars,  conditioned 
that  such  business  college  shall  faithfully  perform  any  and  all  expressed  or 
implied  contracts  made  in  soliciting  a  bonus  from  cities  or  towns  or  in  selling 
scholarships  and  that  such  business  college  shall  continue  a  reasonable  length 
of  time,  not  less  than  six  months,  to  enable  those  who  have  subscribed  and 
paid  for  scholarships,  either  in  whole  or  in  part,  to  finish  the  course  or  courses 
to  which  the  scholarship  entitles  the  holder  thereof,  and  that  the  course  of 
study  taught  in  said  college  shall  be  in  accordance  with  such  contracts  made 
in  soliciting  the  sale  of  scholarships.  Such  bond  shall  be  filed  in  the  office 
of  the  county  clerk  of  the  county  in  which  such  business  colleges  are  located 
and  shall  remain  on  file  subject  to  the  inspection  of  the  public  and  shall 
be  for  the  use  and  benefit  of  any  person  or  persons  for  a  violation  of  any  of 
the  conditions  of  said  bond.  (Sec.  1,  H.  B.  403,  chap.  281,  L.  1915.) 

Section  300.  Liability:  Any  person,  firm,  association  or  corporation  con- 
ducting or  running  a  business  college  in  the  state  shall  be  liable  on  said  bond 
given  under  section  1  of  this  act,  to  any  person,  defrauded  by  reason  of  not 
having  completed  the  course  or  courses  of  study  for  which  said  scholarship 
was  purchased,  or  any  other  breach  of  said  bond,  and  any  person  defrauded 
is  hereby  authorized  to  maintain  a  suit  on  said  bond  to  recover  any  and  all 

58 


sums  due  by  reason  of  a  breach  of  said  bond.     (Sec.  2,  H.  B.  403,  chap.  281,  L. 
1915.) 

Section  301.  Penalty:  Any  person,  firm,  association  or  corporation  run- 
ning, maintaining,  operating  or  conducting  a  business  college  without  first 
having  complied  with  section  1  of  this  act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction,  shall  be  fined  in  any  sum  not  less  than  one 
hundred  ($100.00)  dollars,  and  not  more  than  five  hundred  ($500.00)  dollars, 
and  by  imprisonment  in  the  county  jail  not  less  than  thirty  days,  and  not 
more  than  six  months.  (Sec.  3,  H.  B.  403,  chap.  281,  L.  1915) 


ARTICLE  XXII. 

Books  and  Supplies. 

(Revised  Laws  of  Oklahoma,  1910.) 
(For  List  of  Adopted  Books,  See  Appendix  C.) 


Section  302.  Text-book  Commission:  There  is  hereby  created  a  commis- 
sion to  be  composed  of  seven  members,  to  be  known  as  the  "text-book  commis- 
sion," consisting  of  the  governor  and  six  other  persons  of  recognized  ability, 
residents  of  this  state,  a  majority  of  whom  shall  be  experienced  educators, 
who  shall  be  appointed  by  the  governor  and  approved  by  the  senate,  to  serve 
for  a  term  of  five  years  and  until  their  successors  are  appointed  and  qualified 
unless  sooner  removed.  Any  vacancy  occurring  upon  the  commission  from 
any  cause,  shall  be  filled  by  appointment  by  the  governor  as  in  the  first  in- 
stance. _  A  majority  of  said  commission  shall  constitute  a  quorum  for  the 
transaction  of  all  business  of  the  commission.  Before  transacting  any  business 
relating  to  the  duties  of  the  commission,  they  shall  each,  in  addition  to  the 
oath  prescribed  by  the  constitution,  take  an  oath  before  some  person  author- 
ized to  administer  same,  to  faithfully  discharge  all  the  duties  imposed  upon 
them  as  members  of  the  text-book  commission,  and  that  they  have  no  inter- 
est, directly  or  indirectly,  in  any  contract  that  may  be  made  under  this  article, 
and  will  receive  no  personal  benefit  therefrom,  that  they  will  examine  all 
books  submitted  carefully  and  faithfully,  as  herein  directed  and  prescribed, 
and  said  oath  shall  be  filed  in  the  office  of  the  secretary  of  state.  The  secre- 
tary of  said  commission  shall  keep  a  correct  record  of  all  proceedings,  votes 
and  actions  of  the  commission,  which  said  records  shall  be  deposited  in  the 
office  of  the  secretary  of  state,  at  the  time  when  said  commission  is  not  in 
session.  All  votes  upon  any  proposition  submitted  to  the  commission  shall  be 
yea  and  nay,  and  recorded  in  the  journal  of  the  day's  proceedings.  No  per- 
son shall  be  appointed  to  serve  on  said  commission  who  has  been  in  the  em- 
ploy, directly  or  indirectly,  as  traveling  salesman,  or  otherwise,  for  any  pub- 
lisher of  school  text-books.  (7707.) 

NOTE — The  state  board  of  education  is  now  the  text-book  commission.  See 
section  296. 

Section  303.  Commission  to  Select  School  Books  and  Supplies:  The  text 
book  commission  shall  be  called  together  by  the  governor;  and  said  commis- 
sion is  hereby  empowered  to  select  and  adopt  a  uniform  system  or  series  of 
school  text-books,  registers,  records,  maps,  charts,  globes,  and  other  school 
apparatus,  for  use  in  all  the  common  schools  of  Oklahoma,  and  the  series  so 
selected  shall  include  all  the  studies  taught  in  the  common  schools  of  the 
state  up  to  and  including  the  twelfth  grade:  Provided,  that  none  of  said 
text-books  shall  contain  anything  of  a  partisan  or  sectarian  character.  Each 
bidder  presenting  books  for  adoption  shall  state  at  what  price  the  books  are 


offered,  as  basic  books,  and  as  supplementary  books:  Provided,  further,  that 
the  commission  may  adopt  supplementary  readers,  but  such  readers  shall  not 
be  used  to  the  exclusion  of  basic  readers.  The  duly  constituted  authorities 
in  charge  of  any  private  school,  or  other  educational  institution,  desiring  to 
use  any  of  the  books  selected  by  said  commission  in  such  school,  shall  have 
the  privilege  of  buying  said  books  at  the  same  price  and  on  the  same  terms 
at  which  they  are  furnished  to  the  common  schools.  (7708.) 

Section  304.     Bids  and  Proposals — How  Filed:     The  commission  shall  ad- 
vertise for  at  least  thirty  days,  in  such  manner  as  it  may  deem  best,  for  sealed 
bids  on  proposals  from  the  publishers  of  the  text-books  for  furnishing  books, 
registers,  records  and  apparatus  to  the  common  schools  of  this  state,  as  herein- 
before  provided.     The   bids   or   proposals   shall  be   for   furnishing   the   books, 
registers,  records  and  apparatus  for  a  period   of  five  years.     Each  bid   shall 
state   specifically  and   clearly  the   retail   price   at   which   each   book,   register, 
record  and  apparatus  will  be  furnished.     Each  bid  or  proposal  shall  be  accom- 
panied with  specimen  copies  of  each,  and  all  books  offered  in  said  bid,  which 
specimen  copies  of  books  shall  be  sent,  by  express  or  mail  to  the  governor, 
and  it  shall  be  required  that  each  bidder  deposit  with  the  treasurer  of  the 
state   of  Oklahoma  such   sum  of   money  as  the  commission  shall  require,  not 
less    than   five    hundred    dollars    nor    more   than    twenty-five    hundred    dollars, 
according  to   the   value   of  the  books,  registers,   records,   and   apparatus   each 
bidder  may  propose  to  supply.     Such  deposit  shall  be  forfeited  to  the  state 
if  such  bidder  so  depositing  shall  fail  to  make  and  execute  the  contract  and 
bond  provided  herein  within  such  time  as  the  commission  may  require,  which 
time   shall  be   specified  in   the  notice   advertised.     Each   bid   shall  be   accom- 
panied  with   a   sworn   statement,   showing   the    ownership   of    such    publishing 
house,  with  the  interest,   names   and  addresses  of  said  owners,   and   specially 
stating   whether    or   not   the    said   publishers    or    the    owners    of    any   interest 
or  share  of  any  such  publishing  house  is  the  owner  of  any  interest  or  share 
of  any  other  publishing  house,  and  if  so,  giving  the  name  and  address  thereof 
and   further   stating   that    no   member    of   the   commission   is    in    any   manner 
interested,  directly  or  indirectly,  in  such  firm  or  corporation  submitting  such 
bid.     If  the   fact   shall  be   disclosed  that   any  member   of  the   commission   is 
so  interested,   it   shall  work   a   disqualification   of   such   member    of   the    com- 
mission, and  he  shall  not  be  permitted  to  serve  on  such  commission;   or  if  it 
should  further   appear   or  be   disclosed  that   a   member   of  the   commission   is 
interested  in  any  book  or  series  of  books  as  the  author  or  associate  author, 
or  that   any   member   of   the    commission   is   interested   in    any   such   book    or 
series  of  books  in  any  manner,  such  fact  shall  likewise  work  a  disqualification 
of  such  member,  and  he  shall  not  be  permitted  to  serve  on  the   commission. 
Each   member   of   the    commission,    after   a   called   session    of   the    commission 
at   which    any  books    are    adopted,   shall    make    out    and .  file   with    the    secre- 
tary of  state   an   affidavit  that  he  is  not,   and  has  not  been,   directly  or  in- 
directly, interested  in  or  related  to  any  publishing  house,  person,  firm  or  cor- 
poration submitting  any  book,  register,  record,  manuscript,  or  school  appara- 
tus for  adoption,  or  in  any  book,  register,  record,  manuscript,   or   school  ap- 
paratus   offered    for    adoption,    and   is    not    related    to    any   person    or    agents 
representing  such  house,  person,  or  firm  or  corporation,  and  that  he  will  not 
accept  any  position  as  agent  or  representative  of  any  person,  firm  or  corpora- 
tion   to    whom    any    contract    may    be    awarded    by    said    commission    during 
the  term  and   duration   of   said   contract,   and  that  he   is   not   related   to   any 
person,  or  agents,  representing  such  house,  firm  or  corporation.     Any  contract 
entered  into  under  the  provisions  of  this  article  with  any  publishers  who  may 
hereafter  become  a  party  to  any  combination  or  trust  for  the  purpose  of  rais- 
ing the  price  of  school  text-books,  registers,  records  or  school  apparatus  used 
in  this   state,   shall   at   the   option   of  the   commission  become   null   and  void 
(7709.) 

Section  305.  Same — Return  of  Deposits:  All  bids  shall  be  sealed  and  de- 
posited with  the  chairman  of  the  commission,  to  be  by  him  delivered  to  the 
commission  in  executive  session  for  the  purpose  of  considering  the  same. 
When  any  person,  firm  or  corporation  has  been  awarded  a  contract  and  the 
contract  and  bond  required  has  been  filed  with  the  commission,  it  shall  make 
an  order  on  the  treasurer  of  the  state,  reciting  such  fact,  and  thereupon  the 
treasurer  shall  return  the  deposit  of  such  bidder:  but  in  any  successful  bidder 
shall  fail  to  make  the  contract  and  bond  as  heretofore  provided,  the  treasurer 

60 


shall  place  the  deposit  of  such  bidder  in  the  state  treasury  to  the  credit  of 
the  available  school  fund,  and  the  commission  shall  re-advertise  for  other 
bids  to  supply  such  books  or  school  apparatus,  which  said  bidders  may  have 
failed  to  supply.  All  unsuccessful  bidders  shall  have  their  deposits  returned 
to  them  as  soon  as  the  commission  has  decided  not  to  accept  their  bids.  (7710.) 

Section  306.  Books  to  Be  Printed  in  English — Exchange:  All  books 
adopted  by  the  commission  shall  be  printed  in  English,  except  such  text-books 
as  may  be  adopted  for  the  teaching  of  any  foreign  language.  The  commission 
shall  stipulate  in  the  contract  that  where  a  change  shall  have  been  made  from 
the  books  now  in  use  in  this  state,  the  contractor  or  contractors  shall  take  in 
exchange  the  respective  books  and  receive  the  same  in  exchange  for  new  books 
at  a  price  not  less  than  fifty  per  cent  of  the  contract  price.  Such  exchange 
period  shall  not  continue  longer  than  one  year  from  the  date  of  contract. 
(7711.) 

Section  307.  Contract  and  Bond:  The  bidder  to  whom  any  contract  may 
have  been  awarded  shall  make  and  execute  a  good  and  sufficient  bond  pay- 
able to  the  state  of  Oklahoma  in  the  sum  of  not  less  than  ten  thousand  dol- 
lars, to  be  approved  by  the  governor,  such  bond  to  be  conditioned  that  the 
contractor  shall  faithfully  perform  all  conditions  of  the  contract.  The  con- 
tract and  bond  shall  be  prepared  by  the  attorney  general  and  shall  be  made 
to  conform  with  all  the  requirements  of  this  article,  and  shall  be  payable  in 
the  county  where  the  seat  of  government  of  this  state  is  located,  and  shall  be 
deposited  in  the  office  of  the  secretary  of  state.  The  bond  shall  not  be  ex- 
hausted by  a  single  recovery  thereon,  but  may  be  sued  upon  from  time  to 
time  until  the  full  amount  thereof  is  recovered,  and  the  commission  may, 
after  twenty  days'  notice,  require  a  new  bond  be  given,  and  in  the  event 
the  contractor  or  contractors  shall  fail  to  furnish  such  new  bond,  the  contract 
of  the  contractor  or  contractors  may,  at  the  option  of  the  commission,  be  for- 
feited. (7712.) 

Section  308.  Meeting  and  Consideration  of  Proposals:  It  shall  be  the  duty 
of  the  commission  to  meet  at  the  time  and  the  place  mentioned  in  the  notice 
and  advertisement,  and  it  shall  adopt  such  rules  and  regulations  as  may  be 
necessary  to  the  transaction  of  its  business,  not  contrary  to  the  provisions  of 
this  article,  and  shall  then  and  there  open  and  examine  the  sealed  proposals 
received,  and  it  shall  be  the  duty  of  the  commission  to  make  a  full  and  com- 
plete investigation  of  all  books,  registers,  records  and  school  apparatus  and  bids 
accompanying  the  same.  Each  person,  company,  or  corporation  submitting 
bids  or  proposals  shall  be  permitted  to  file  a  written  statement  as  to  the 
merits  of  any  book  or  books,  register,  record  or  school  apparatus  offered  by 
such  bidder,  or  they  may  be  permitted  to  appear  in  person,  or  by  a  duly 
authorized  agent,  before  said  commission;  and  the  party  so  appearing  or  repre- 
senting the  claims  of  any  bidder  shall  deposit  with  the  commission  his  proper 
credentials  or  authority  to  represent  such  bidder.  Every  person  who  appears 
before  the  commission  in  advocacy  of  the  adoption  or  rejection  of  any  book, 
register,  record,  manuscript  or  any  school  apparatus  shall  file  an  affidavit  showing 
fully  in  what  capacity  he  appears  and  whether  he  is  representing,  as  agent 
or  otherwise,  any  bidder  or  whether  he  has  received  or  has  a  contract  to  re- 
ceive pay  for  his  services  in  appearing  before  said  commission:  Provided, 
that  no  state  official  of  this  state  shall  be  allowed  to  appear  as  the  agent 
or  representative  of  any  text-book  company,  firm  or  corporation.  (7713.) 

Section  309.  Quality  of  Books — Contracts:  The  literary  merits  and  his- 
torical accuracy  of  all  books  shall  be  the  main  point  to  be  considered  in  their 
adoption,  and  the  books  shall  be  selected  after  a  careful  examination  and  con- 
sideration of  all  books  presented;  and  books  selected  shall  be  those  which, 
in  the  opinion  of  the  commission,  are  most  acceptable  for  use  in  the  various 
schools  of  the  state,  quality,  mechanical  construction,  paper,  print,  price, 
authorship,  and  any  other  relevant  matter  being  given  such  weight  in  making 
its  decision  as  the  commission  may  deem  advisable:  Provided,  that  books 
by  Oklahoma  authors  shall  have  preference,  merit  and  price  being  equal.  The 
commission  shall  proceed  without  delay  to  adopt,  for  use  in  the  common  schools 
of  this  state,  text-books  in  the  schools  hereinbefore  mentioned,  and  shall  notify 
publishers  to  whom  contracts  are  awarded.  Each  contract  shall  be  duly 
signed  by  the  publishing  house  or  its  authorized  officers  or  agents,  and  if 

61       ' 


it  is  found  to  be  in  accordance  with  the  award  and  all  of  the  provisions 
of  this  article,  and  if  the  bond  herein  required  is  presented  and  duly  ap- 
proved, the  commission  shall  approve  said  contract  and  order  it  to  be  signed 
on  behalf  of  the  state  by  the  governor.  All  contracts  shall  be  made  in  dupli- 
cate and  one  copy  shall  remain  in  the  custody  of  the  secretary  of  state  and 
be  copied  in  full  in  the  minutes  of  the  meeting  of  the  commissioners  in  a  well 
bound  book,  and  the  other  copy  shall  be  delivered  to  the  publisher  or  his 
agent.  All  the  books,  registers,  and  records  furnished  under  such  contract 
shall  be  equal  in  all  respects  to  the  specimen  or  sample  copies  furnished  with 
the  bids;  and  it  shall  be  the  duty  of  the  state  superintendent  of  public  in- 
struction to  preserve  in  his  office,  as  the  standard  of  quality  and  excellence  to 
be  maintained  in  such  books,  registers  and  records,  during  the  continuance  of 
such  contract,  the  specimen  or  sample  copies  of  all  books,  registers,  and 
records  which  have  been  the  basic  of  any  contract,  together  with  the  original 
bid  and  proposal.  The  contract  and  exchange  price  of  each  book  shall  be 
plainly  printed  on  the  back  of  each  book,  together  with  the  following  notice: 
"The  price  marked  hereon  is  fixed  by  the  state,  and  any  deviation  therefrom 
should  be  reported  to  the  state  superintendent  of  public  instruction."  (7714.) 

Section  310.  Prices — How  Regulated:  The  commission  shall  not,  in  any 
case,  contract  with  any  publisher  of  any  book  or  books,  registers  and  records, 
or  any  person,  firm  or  corporation  submitting  bids  for  furnishing  charts,  maps, 
globes  or  other  school  apparatus  to  be  used  in  the  common  schools  in  this 
state,  at  a  price  in  excess  of  the  lowest  price  at  which  such  publisher  or  bidders 
furnishes  and  distributes  the  same  book  or  books,  registers,  records  or  school 
apparatus  under  contract  with  any  other  state,  county  or  school  district  in 
the  United  States,  under  like  conditions  of  distribution.  (7715.) 

Section  311.  Same — Affidavit  and  Agreement  of  Publishers:  The  pub- 
lishers or  bidders  shall  file  with  each  proposal  a  sworn  statement  of  the  lowest 
price  at  which  each  book,  chart,  map,  globe  or  other  apparatus  offered  is  sold 
anywhere  in  the  United  States,  under  like  conditions  of  distribution.  Said 
publishers  or  bidders  must  further  agree  to  reduce  the  price  of  any  book  or 
apparatus  adopted  by  the  commission,  if  reductions  are  made  below  such  con- 
tract price  anywhere  in  the  United  States,  so  that  at  no  time  may  any  book 
or  apparatus  be  sold  in  Oklahoma  at  a  higher  price  than  is  received  for  the 
same  book,  register,  record  or  apparatus  elsewhere  in  the  United  States,  where 
like  conditions  of  distribution  prevail.  (7716.) 

Section  312.  Attempt  to  Change  Books  a  Misdemeanor — When:  Any 
publisher,  person,  firm  or  corporation  submitting  bids,  or  any  agent  of  such 
publisher,  person,  firm  or  corporation,  who  shall  connive  at  or  seek  to  pro- 
cure a  change  of  the,  series  of  text-books,  registers,  records  or  any  school 
apparatus  by  the  commission  before  the  expiration  of  the  period  in  which  a 
uniform  system  of  text -books  is  established  in  this  state,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction,  shall  be  fined  not  less  than  twenty-five 
dollars  and  not  more  than  one  hundred  dollars  for  each  offense.  (7717.) 

Section  313.  School  Authorities  Not  to  Purchase  Unauthorized  Supplies: 
It  shall  be  unlawful  for  any  teacher,  trustee  or  school  board  of  any  common 
school  in  this  state  to  purchase  or  contract  for  any  chart,  map,  globe  or 
other  school  apparatus,  unless  the  same  shall  have  been  submitted  to  the 
text-book  commission  of  this  state  at  a  regular  or  special  session  and  by  them 
approved  and  the  maximum  price  thereof  fixed  by  said  commission.  (7718.) 

Section  314.  Same — Penalty  for  Sale  or  Purchase:  Any  person  who  shall 
sell  to  any  teacher,  trustee  or  school  board  of  any  common  school  of  this 
state,  any  chart,  map,  globe  or  other  school  apparatus,  which  has  not  been 
approved  by  the  text-book  commission  of  this  state,  and  any  person  who  shall 
request  or  endeavor  to  persuade  any  such  teacher,  trustee  or  school  board  or 
any  member  thereof  to  purchase  any  chart,  map,  globe  or  other  school  appara- 
tus, the  sale  of  which  is  hereby  prohibited,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  liable  to  a  fine  of  not  less  than  fifty  nor  more  than  two  hun- 
dred dollars.  (7719.) 

Section  315.  State  May  Terminate  Contracts — When:  It  shall  be  a  part 
of  the  terms  and  conditions  of  every  contract  made  in  pursuance  of  this  article 
that  the  state  of  Oklahoma  shall  not  be  liable  to  any  contractor  thereunder  for 

62 


any  sum  whatever,  but  all  such  contracts  shall  receive  compensation  solely  and 
exclusively  from  the  proceeds  of  the  sales  of  school  books  as  provided  herein; 
and  it  is  hereby  provided  that  the  state  shall  have  the  right  to  terminate  said 
contract  whenever  the  law  is  repealed  or  amended,  altered  or  qualified  as  to 
make  necessary  or  expedient  that  such  contract  should  be  revoked,  or  as  to 
such  book  or  books,  registers  and  records  as  may  be  published  by  or  at  the 
cost  of  the  state:  Provided,  that  the  commission  shall  have  the  power  by  a 
majority  vote,  to  discontinue  the  use  of  unsatisfactory  books,  registers  and 
records  at  the  end  of  any  school  year  during  the  continuance  of  this  con- 
tract, and  to  make  another  adoption;  and  all  contracts  shall  contain  a  stipula- 
tion to  that  effect.  The  state  may,  at  its  election,  cancel  any  contract  entered 
into  by  virtue  of  the  provisions  of  this  article  for  fraud  or  collusion  upon 
the  part  of  either  party  to  the  contract  or  any  member  of  the  commis- 
sion, or  any  person,  firm,  corporation  or  their  agents  making  said  bond  or 
contract;  and  for  the  cancellation  of  any  such  contract,  the  attorney-general 
is  hereby  authorized  to  bring  suit  in  any  court  of  competent  jurisdiction  in 
the  state,  and  in  case  of  the  cancellation  of  any  contract  as  provided  herein, 
the  damages  are  fixed  at  not  less  than  the  amount  of  said  bond  to  be  recovered 
as  liquidated  damages  in  the  same  suit  canceling  such  said  contract.  And  on 
account  of  the  difficulty  in  determining  the  damage  that  might  accrue  by 
reason  of  such  fraud  and  cancellation  of  such  contract,  the  full  amount  of 
the  bond  given  by  any  contractor  shall  be  considered  as  liquidated  damages  to 
be  recovered  out  of  said  bond  by  the  state  at  the  suit  of  the  attorney  general, 
and  every  contract  shall  contain  a  clause  to  this  effect.  (7720.) 

Section  316.  All  Bids  May  Be  Rejected:  The  text-book  commission  shall 
have  and  reserve  the  right  to  reject  any  and  all  bids  or  proposals,  if  said 
commission  be  of  the  opinion  that  any  or  all  bids  should,  for  any  reason  be  re- 
jected; and  in  case  they  fail,  from  among  the  bids  or  proposals  submitted, 
to  select  any  books,  registers,  records  or  apparatus  upon  any  of  the  branches 
of  study  provided  for  herein,  they  may  advertise  for  sealed  bids  or  proposals 
under  the  same  terms  and  conditions  as  before,  and  proceed  in  their  investi- 
gation in  all  respects  as  they  did  in  the  first  instance  and  as  required  by  the 
terms  and  provisions  of  this  article.  (7721.) 

Section  317.  Supplies  to  Be  Placed  on  Sale — Where:  The  party  or  parties 
with  whom  the  contract  shall  be  made  shall  place  their  books,  registers,  rec- 
ords and  school  apparatus  on  sale  at  as  many  places  in  each  county  of  the 
state  as  the  commission  may  direct  for  the  distribution  of  the  books  to  the 
patrons,  and  the  contractor  shall  be  permitted  to  make  arrangements  with  mer- 
chants or  other  persons  for  the  handling  and  distribution  of  the  books,  All 
books  shall  be  sold  to  the  consumer  at  the  retail  price  fixed  by  the  commission. 
Upon  the  failure  of  any  contractor,  under  the  provisions  of  this  article,  to  fur- 
nish the  books,  registers,  records  or  apparatus  as  provided  in  this  contract, 
the  county  superintendent  of  public  instruction  of  such  county  shall  imme- 
diately report  the  fact  to  the  attorney-general,  and  he  shall  bring  suit  on  ac- 
count of  such  failure,  in  the  name  of  the  state  of  Oklahoma,  in  any  court  of 
competent  jurisdiction  in  the  state,  and  shall  recover  on  the  bond  given  by 
such  contractor  for  the  full  value  of  the  books,  registers,  records  and  apparatus 
not  furnished  as  required,  and  in  addition  thereto  the  sum  of  one  hundred 
dollars,  and  the  amounts  so  recovered  shall  be  placed  to  the  credit  of  the 
available  school  fund  of  the  state.  (7722.) 

Section  318.  Making  of.  Contract  to  Be  Published:  As  soon  as  the  state 
shall  have  entered  into  the  contract  for  furnishing  of  the  books  and  appara- 
tus for  use  in  the  common  schools  of  this  state,  under  the  provisions  ot 
this  article,  it  shall  be  the  duty  of  the  governor  to  issue  his  proclamation  of 
such  fact  to  the  people  of  the  state,  and  immediately  thereafter  the  state 
superintendent  of  public  instruction  shall  address  a  circular  letter  to  the 
county  superintendents,  trustees  and  school  boards  of  the  various  schools  of 
the  state,  which  circular  letter  shall  contain  a  list  of  the  books,  registers, 
records  and  apparatus  adopted,  and  with  their  respective  prices,  together  with 
such  other  information  as  he  may  deem  advisable.  (7723.) 

Section  319.  Penalty  for  Charging  Illegal  Prices:  If  any  local  agent, 
dealer,  clerk  or  other  person  handling  or  selling  the  books,  registers,  records, 
maps,  charts,  globes  or  other  apparatus  adopted  under  this  article,  shall  de- 

63 


inand  or  receive  for  a  copy  of  any  of  the  books,  registers,  records,  or  for  any 
chart,  map,  globe,  or  other  apparatus  adopted  under  this  article,  more  than  the 
contract  price,  he  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
for  each  offense,  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more 
than  five  hundred  dollars.  (7724.) 

Section  320.  Supplies  Required  to  Be  Reported:  The  trustees  and  school 
boards  of  the  various  schools  of  the  state  using  books,  registers,  records  and 
apparatus  adopted  by  the  commission  shall  hold  annual  meetings  and  make 
an  estimate  of  the  number  school  text-books,  registers,  records  and  apparatus 
reeded  in  said  school  for  the  term  next  commencing  therein,  and  a  report 
thereof  shall  be  made  to  the  county  superintendent  of  public  instruction  in 
said  county  immediately,  and  not  later  than  the  first  day  of  August  next 
thereafter;  and  the  county  superintendent  shall,  as  soon  as  possible,  and  not 
later  than  the  tenth  day  of  August  of  each  year,  and  oftener,  if  the  necessity 
of  a  school  requires  it,  make  out  his  requisition  from  the  report  so  received, 
and  from  any  other  source,  and  send  it  to  the  state  superintendent,  when  such 
books  are  printed  by  the  state  or  the  school  book  publisher  or  publishers 
having  contracts  under  the  provisions  of  this  article,  stating  therein  the 
number  of  books,  registers,  records  and  apparatus  of  each  kind  needed  for  the 
schools  of  his  county.  (7725.) 

Section  321.  Commission's  Selection  to  Be  Used  Exclusively:  The  books 
and  apparatus  adopted  by  the  commission  under  the  provisions  of  this  article, 
shall  be  introduced  and  used  as  text-books,  registers,  records  and  apparatus 
to  the  exclusion  of  all  others  in  the  common  schools  of  this  state  as  herein- 
before provided,  but  nothing  herein  shall  be  construed  to  prevent  or  prohibit 
the  patrons  of  the  common  schools  in  the  state  from  procuring  books,  registers, 
records  and  apparatus  in  the  usual  way  in  the  event  that  the  state  does  not 
publish  such  books,  registers,  records,  or  manufacture  such  apparatus,  in  the 
event  that  no  contracts  are  made,  or  in  the  event  that  the  contractor  or  con- 
tractors fail  or  refuse  to  furnish  the  books,  registers,  records  or  apparatus  pro- 
vided for  in  this  article,  at  the  time  that  said  books  or  apparatus  are  required 
for  use  in  the  schools.  (7726.) 

Section  322.  Same — Failure  a  Misdemeanor:  Any  school  trustee  who  shall 
prevent  or  aid  in  preventing  the  use  in  any  common  school  in  this  state  of 
the  books,  registers,  records  and  apparatus,  or  any  of  them,  as  adopted  under 
the  provisions  of  this  article,  or  any  teacher  in  this  state  who  shall  will- 
fully fail  or  refuse  to  use  the  books,  registers,  records  and  apparatus  adopted 
under  the  provisions  of  this  article,  shall  be  guilty  of  misdemeanor,  and  upon 
conviction  shall  be  fined  any  sum  not  less  than  twenty-five  dollars  nor  more 
than  fifty  dollars  for  each  offense,  and  each  day  of  such  willful  failure  or  re- 
fusal of  said  teachers  or  willful  prevention  of  the  use  of  the  books,  registers, 
records  or  apparatus  by  said  school  trustee,  shall  constitute  a  separate  offense. 
(7727.) 

Section  323.  Rules — Perpetuation  of  Commission:  The  commission  may, 
from  time  to  time,  make  any  necessary  regulations,  not  contrary  to  the  provi- 
sions of  this  article,  to  secure  the  prompt  distribution  of  the  books,  registers, 
records  and  apparatus  herein  provided  for,  and  for  the  prompt  and  faithful 
execution  of  all  contracts;  and  it  is  now  expressly  provided  that  said  com- 
mission shall  maintain  its  organization  during  the  continuance  of  the  con- 
tracts entered  into  during  the  year  nineteen  hundred  and  eight  and  that 
after  the  expiration  of  same,  the  commission  shall  be  reorganized  for  a  period 
of  five  years  as  in  the  first  instance,  and  enter  into  such  other  contracts  in 
pursuance  of  this  article  as  it  may  deem  for  the  best  interests  of  the  patrons 
of  the  common  schools  of  the  state:  Provided,  that  said  commission  shall  be 
discontinued  at  any  time  when  the  efficiency  for  the  publication  of  such  books, 
registers  and  records  provided  for  by  the  state,  makes  the  continuance  of  said 
commission  unnecessary.  (7728.) 

Section  324.  Commission  May  Publish  Books — When:  If,  when  the  pro- 
posals to  furnish  text-books  are  submitted  to  the  text-book  Commission,  it 
shall  appear  that  the  publishers  have  combined  upon  prices  and  that  the 
proposals  are  unreasonable,  said  commission  is  hereby  empowered,  with  the  ap- 
proval of  the  state  board  of  education,  to  do  any  and  all  acts  that  may  be 

64 


necessary  for  the  purpose  of  procuring  a  meritorious  uniform  system  of 
text-books,  registers  and  records  for  use  in  the  common  schools  of  Oklahoma. 
It  may,  with  the  approval  of  the  state  board  of  education,  offer  prizes  for 
manuscripts  of  books  or  employ  suitable  persons  to  prepare  or  compile  the 
same,  and  contract  with  printing  concerns  for  publication,  purchase  or  hire 
plates,  maps  and  engravings  of  copyright  matter;  contract  for  or  lease  copy- 
rights for  the  purpose  of  being  used  in  compiling  and  printing  such  books, 
and  provide  for  the  payment  of  royalties  or  for  the  leasing  of  plates  for 
printing  of  the  whole  or  any  part  of  said  books:  Provided,  that  the  entire 
cost  of  any  book  so  furnished  shall  not  exceed  the  price  of  any  standard 
book  of  like  character  which  was  proposed  to  be  furnished  by  publishers. 
(7729.) 

Section  325.  Compensation  and  Allowances:  An  itemized  statement  of  all 
necessary  expenses  of  the  commission,  together  with  a  sworn  itemized  state- 
ment of  the  necessary  expenses  of  the  individual  members  of  the  commission 
shall  be  filed  with  the  secretary  of  state,  and  the  members  thereof  shall  be  al- 
lowed to  receive  as  their  only  compensation  for  their  services,  the  sum  of  six 
dollars  per  day  while  on  duty,  and  their  actual  traveling  expenses  going  to  and 
returning  from  the  place  of  meeting,  to  be  paid  by  the  state  treasurer,  un- 
der the  direction  and  approval  of  the  governor:  Provided,  that  no  per  diem 
shall  be  allowed  to  any  member  of  the  commission  who  shall  at  the  time  of 
service  thereof,  be  receiving  a  stated  salary  from  the  state:  Provided  further, 
that  the  members  of  said  commission  shall  not  draw  pay  for  more  than  ten 
days  for  any  year.  (7730.) 

Section  326.  Bribery:  It  shall  be  unlawful  for  any  member  of  the  text- 
book commission  to  accept  as  a  gift,  at  a  reduced  price,  any  books,  registers, 
records  or  school  apparatus  or  anything  of  value  from  any  person,  firm  or 
corporation  interested,  directly  or  indirectly,  in  any  bid  filed  with"  said  com- 
mission or  in  the  adoption  of  any  book,  register,  record  or  apparatus  by  said 
commission,  and  any  person  violating  this  section  shall  be  punished  by  a  fine 
of  not  less  than  one  hundred  dollars,  nor  more  than  five  hundred  dollars,  and 
by  imprisonment  in  the  county  jail  for  not  less  than  thirty  days.  (7731.) 

Section  327.  Common  Schools  Defined:  The  words  "common  schools " 
shall  be  construed  to  mean  all  the  schools  of  this  state  receiving  aid  from  the 
state  out  of  the  common  school  fund.  (7732.) 

Section  328.  Contractor  to  Designate  State  Agent:  Any  nonresident  per- 
son or  firm  or  foreign  corporation  with  whom  a  contract  has  been  entered  into 
under  the  provisions  of  this  article,  shall  designate  the  secretary  of  state  of 
Oklahoma  as  its  or  their  agent  on  whom  citation  and  other  writs  and  process 
may  be  served,  in  the  event  that  any  suit  shall  be  brought  against  such  per- 
son, firm  or  corporation.  (7733.) 

Section  329.  Combination  a  Misdemeanor:  If  any  person  whatsoever  shall 
create,  enter  into  or  become  a  member  of  any  pool,  trust,  agreement,  confed- 
eration, combination  or  understanding,  permanent  or  temporary,  with  any  other 
person  whatsoever,  to  regulate  or  fix  the  price  of  or  prevent  or  restrict  com- 
petition in  the  sale  or  offering  for  sale,  or  in  any  of  the  branches  of  the  busi- 
ness of  selling  and  furnishing  any  school  books,  desks,  seats,  charts,  school 
furniture,  fixtures,  apparatus  or  supplies,  he  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  less  than 
three  hundred  dollars  and  not  more  than  one  thousand  dollars.  (7734.) 

Section  330.  Statement  to  Be  Filed.  Every  person,  firm,  association,  part- 
nership or  corporation  selling,  or  offering  for  sale,  or  soliciting  trade  and  busi- 
ness for  any  supplies,  school  books,  furniture,  fixtures  or  apparatus,  shall,  be- 
fore soliciting  such  trade  or  business,  selling  or  offering  for  sale,  delivering 
or  offering  to  deliver  any  of  the  articles  herein  mentioned,  cause  to  be  filed 
in  the  office  of  the  superintendent  of  public  instruction  of  the  state  of  Okla- 
homa, and  in  the  office  of  the  clerk  of  the  district  court  of  each  county  wherein 
it  proposes  to  do  business,  the  affidavit  of  two  of  its  principal  officers  and  an 
affidavit  of  its  business  manager  or  bookkeeper,  fully  stating  its  nature  and 
character  as  such  firm,  partnership,  association  or  corporation,  and  affirmatively 
showing  therein  by  statements  of  facts  that  its  existence  and  business  relation 
violates  in  no  way  any  of  the  provisions  of  this  article.  (7735.) 

65 


Section  331.  Same — Required  of  Agents:  Every  person  engaged  in, the 
sale  of  articles  mentioned  in  this  article  and  every  agent  or  solicitor  engaged 
in  such  business,  either  upon  his  own  account  or  any  representative  capacity, 
shall  file  an  affidavit  in  his  own  proper  person  with  the  same  officers  and 
stating  the  same  facts  as  required  in  the  preceding  section.  (7736.) 

Section  332.  Contents  of  Affidavits — Renewal:  The  affidavits  required 
by  this  article  shall  contain  a  full  description  of  the  person,  firm,  corporation, 
partnership  or  association  engaged  in  such  business,  including  the  names  of 
the  officers,  stockholders,  business  address,  and  city,  county  and  state  where 
located,  and  what  names,  titles  and  aliases,  if  any,  such  person,  corporation, 
firm,  association,  partnership  or  individual  has  transacted  business  under  within 
the  two  years  next  preceding  the  filing  of  such  affidavit;  and  said  affidavits 
shall  be  renewed  form  time  to  time  on  or  before  the  first  day  of  January  of 
each  odd  numbered  year.  (7737.) 

Section  333.  Penalty  for  Violation:  Soliciting  trade  or  business,  selling, 
offering  for  sale,  or  delivering  any  of  the  articles  mentioned  in  this  article, 
directly  or  indirectly,  to  any  person,  firm,  corporation,  association,  individual, 
school  board,  school  district,  board  of  education,  or  other  person  or  agency, 
without  first  having  complied  with  the  requirements  of  this  article,  shall  be 
a  misdemeanor,  and  upon  conviction  thereof,  any  person  so  offending  shall 
be  adjudged  to  pay  a  fine  of  not  less  than  one  hundred  dollars  and  not  more 
than  five  hundred  dollars.  (7738.) 

Section  334.  Contract  Unlawful  Before  Filing  of  Affidavit:  It  shall  be 
unlawful  for  any  school  clerk,  director,  treasurer,  trustee,  member  of  any  board 
or  education  or  other  officer  of  whatsoever  nature  or  character,  to  make  any 
contract  or  agreement  with  any  person,  firm,  individual,  partnership,  corpo- 
ration or  association  until  the  affidavits  required  by  this  article  have  been 
duly  filed.  (7739.) 

Section  335.  Issue  of  Warrant  Unlawful — When:  It  shall  be  unlawful 
for  any  school  clerk  director,  treasurer,  trustee,  member  of  any  board  of  edu- 
cation or  other  officer  to  make  any  contract  with  any  person,  firm,  partner- 
ship, corporation,  or  association  of  persons,  or  to  issue  any  warrant,  order  or 
evidence  of  indebtedness,  directly  or  indirectly,  to  the  benefit  of  such  person, 
firm,  partnership,  corporation  or  association  transacting  business  in  violation, 
in  whole  or  in  any  part,  of  any  of  the  provisions  of  this  article.  (7740.) 

Section  336.  Penalty  for  Violation  by  Officer:  Every  school  clerk,  di- 
rector, treasurer,  trustee,  member  of  any  board  of  education,  or  other  officer  vio- 
lating any  of  the  provisions  of  the  two  preceding  sections  shall  be  deemed 
guilty  of  a  misdemanor,  and  upon  conviction  thereof  shall  pay  a  fine  of  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars.  (7741.) 

Section  337.  County  Attorney  to  Prosecute:  It  shall  be  the  duty  of  the 
county  attorney  of  the  proper  county  to  prosecute  on  behalf  and  in  the  name 
of  the  state  of  Oklahoma  all  criminal  cases  arising  under  this  article.  (7742.) 


ARTICLE  XXIII. 

School  District  Levies. 
(Revised  Laws  of  Oklahoma  1910.) 


Matter  Applying  to  Other  Than  School  Districts  Eliminated. 

Section  338.  Limit  of  School  District  Levies:  Except  as  otherwise  pro- 
vided in  this  article,  the  total  levy  for  current  expenses  of  each  school  district 
shall  not  exceed  in  any  one  year  the  following: 

School  district  levy,  for  the  support  of  common  schools,  not  more  than 
five  mills.  (7376.)) 

66 


Section  339.  Annual  Estimate  of  School  District  Expenses:  The  directors 
of  each  school  district  shall  meet  on  the  second  Tuesday  in  July  in  each  year, 
and  shall  respectively  make  out  an  itemized  statement  of  the  fiscal  condition 
of  their  respective  school  districts  and  of  the  estimated  needs  thereof  for 
the  current  expenses  of  the  ensuing  fiscal  year.  Said  estimate  shall  show: 
first,  any  unexpended  balance  on  hand  of  the  levy  for  any  previous  year  or 
years  for  current  expense  purposes;  second,  the  estimated  income  of  the  school 
district  from  all  sources  other  than  from  ad  valorem  taxation  and  such  esti- 
mated income  for  school  district  purposes  shall  include  the  apportionment  of  the 
income  from  the  common  school  fund,  based  on  the  distribution  for  the  next 
preceding  fiscal  year;  third,  an  itemized  estimate  of  the  amount  necessary 
for  the  current  expenses  of  each  such  school  district  for  the  ensuing  fiscal 
year;  fourth,  the  amount  necessary  for  a  sinking  fund,  sufficient  to  pay  at 
maturity  all  bonded  indebtedness  of  such  school  district;  fifth,  the  amount 
necessary  to  pay  the  interest  coupons  falling  due  on  its  outstanding  bonded 
indebtedness.  Each  estimate  for  school  district  purposes,  as  prepared  in  ac- 
cordance with  the  provisions  of  this  section,  shall  be  published  in  some  news- 
paper published  in  each  such  school  district  in  four  consecutive  issues,  if  in  a 
daily  paper,  and  two  consecutive  issues  if  published  in  a  weekly  paper,  and 
if  there  be  no  such  paper  published  in  such  school  district,  then  a  copy  of 
such  estimate  shall  be  posted  in  at  least  five  public  places  therein,  which  post- 
ing shall  be  within  five  days  after  said  second  Tuesday  in  July.  Said  publica- 
tion shall  be  made  in  each  instance  by  the  board  making  the  estimate.  Said 
estimate  so  made  out  and  published  as  aforesaid,  shall  as  soon  as  completed,  be 
certified  to  the  excise  board  of  the  county  hereinafter  provided  for,  together 
with  an  affidavit  showing  the  publication  or  posting  thereof  as  required  by  this 
secton.  (7378  as  amended  by  Sec,  38,  page  12.) 

NOTE — Money  received  from  back  taxes  can  be  used  only  to  pay  back 
warrants.  Tf  there  be  no  back  warrants,  then  the  money  must  be  applied  on  the 
estimate  for  the  next  fiscal  year.  (10-3-14.)  Warrants  are  valid  if  issued  within 
the  amount  of  the  approved  estimate  regardless  of  the  amount  of  funds  collected. 

(1-30-14.) 

Section  340.  County  Excise  Board  Created:  There  is  hereby  created  in 
each  organized  county  in  this  state  an  excise  board  to  be  composed  of  the 
following  county  officers,  to-wit:  county  clerk,  county  treasurer,  county  judge, 
county  superintendent  and  county  attorney,  who  shall  perform  the  duties 
as  herein  provided  without  additional  compensation.  The  county  judge  shall 
be  chairman  of  the  board  and  the  county  clerk  secretary.  (7379.) 

Section  341.  Duties  of  Board — Tax  Levies:  The  excise  board  shall  meet 
at  the  county  seat  on  the  last  Saturday  of  July  of  each  year  for  the  purpose 
of  examining  the  estimates  of  expenses  for  each  school  district  therein.  Their 
meeting  shall  -be  public  and  they  shall  keep  a  record  of  their  proceedings. 
They  shall  have  power  to  revise  and  correct  any  estimate  certified  to  them 
where  the  amount  thereof  is  in  excess  of  the  just  and  reasonable  needs  of 
the  school  district  for  which  the  same  is  made.  When  they  shall  have  ap- 
proved each  estimate,  if  the  same  shall  be  within  the  limits  for  current  ex- 
penses, provided  by  the  first  section  of  this  article,  and  shall  have  ascertained 
the  assessed  valuation  of  property  taxed  ad  valorem  in  the  county  and  in 
each  school  district  subdivision  thereof,  and  shall  have  ascertained  the  proba- 
ble income  of  each  school  district  subdivision  thereof  from  all  sources  other 
than  ad  valorem  taxation,  they  shall  thereupon  make  the  levy  therefor,  adding 
thereto  the  amount  ascertained  to  be  necessary  for  a  sinking  fund,  which, 
with  the  money  already  in  such  fund,  shall  be  sufficient  to  pay,  at  maturity, 
all  bonded  indebtedness  of  such  school  district,  and  for  the  interest  coupons 
falling  due  on  the  outstanding  bonds  of  such  school  district;  to  the  total 
amount  so  ascertained  to  the  necessary  for  current  expenses,  sinking  fund 
and  interest  coupons  shall  be  added  ten  per  cent  for  delinquent  taxes.  The 
levies  so  made  by  them  shall  be  certified  to  the  county  clerk,  who  shall  ex- 
tend the  same  upon  the  tax  roll.  (7380.) 

Section  342.  Election  Necessary  for  Increased  Levy:  If  any  estimate  cer- 
tified to  the  excise  board  for  the~current  expenses  of  any  school  district  shall 
exceed  the  limits  prescribed  by  the  first  section  of  this  article,  and  the  ex- 
cise board  shall  be  of  the  opinion  that  such  excess  is  reasonably  necessary  for 
the  current  expenses  of  the  school  district  for  which  the  same  is  prepared, 
they  shall  enter  such  fact  upon  the  record  of  their  proceedings  and  shall 

67 


give  notice  by  publication  in  one  issue  of  some  newspaper  printed  in  the 
county  that  a  special  election  will  be  held  in  the  school  district,  on  the  second 
Tuesday  after  the  first  Monday  in  August  next  thereafter,  for  the  purpose 
of  submitting  to  the  qualified  electors  of  such  school  district,  the  question 
of  making  such  increased  levy.  Such  election  shall  be  held  under  the  gen- 
eral election  laws  of  the  state  and  in  each  election  held  under  the  provisions 
of  this  article,  the  amount  of  each  proposed  levy  shall  be  printed  upon  the 
ballot,  with  the  words,  "for  the  levy"  and  "against  the  levy",  to  the  left 
of  which  shall  be  printed  a  square  in  which  the  elector  shall  stamp  to  indicate 
his  choice:  Provided,  that  in  school  districts  not  in  cities  the  election  shall 
be  conducted  as  provided  by  law  for  such  elections  in  school  districts.  (7381.) 

Section  343.  May  Vote  Excess  Levy:  Provided,  further,  that  the  school 
electors  of  any  school  district  shall  vote  at  the  annual  meeting  (or  election) 
as  to  whether  an  excess  levy  shall  be  levied  for  the  next  ensuing  year,  and 
the  amount  of  such  excess  levy.  If  said  excess  levy  shall  receive  a  majority 
vote  of  those  voting  at  said  annual  meeting  (or  election)  then  it  shall  be 
the  duty  of  the  school  district  board,  when  making  the  estimate  for  the  next 
ensuing  fiscal  year,  to  attach  to  said  estimate  a  certificate  of  the  vote  had 
at  the  annual  meeting  (or  election)  on  the  question  of  making  such  excess  levy 
for  the  next  ensuing  fiscal  year,  and  if  said  excess  levy  carried,  then  the  county 
excise  board,  if  an  excess  levy  is  required  for  the  ensuing  fiscal  year  to  create 
a  fund  equal  to  the  amount  of  the  approved  estimate,  shall  levy  said  additional 
levy  not  to  exceed  the  amount  voted  by  the  people  at  the  annual  meeting  (or 
election)  or  so  much  of  the  amount  of  the  estimate  approved  by  the  county 
excise  board.  (Sec.  1,  H.  B.  501,  chap.  199,  L.  1915.) 

Section  344.  Excess  Levy  Authorized — When:  At  the  election  where  it 
is  proposed  to  vote  an  additional  levy  above  the  five  mills  herein  authorized  for 
school  purposes,  the  election  shall  be  held  to  be  legal  (if  held)  on  the  date 
given  in  the  official  notice  and  the  additional  levy  above  the  (five)  mills  shall 
be  authorized  if  a  majority  of  those  voting  at  the  said  election  vote  in  favor 
of  said  additional  levy.  (Sec.  2,  H.  B.  501,  chap.  199,  L.  1915.) 

NOTE.  Question  of  voting  excess  levy  cannot  be  re-submitted  after  one 
Blection  has  been  held.  (8-15-14.) 


ARTICLE  XXIV. 

Warrants — Issuance  and  Payment  of 

(Chapter  80,  Session  Laws  1910-11.) 

Section  345.  Public  Funds — Manner  of  Disbursement:  All  public  funds 
of  any  county  or  of  any  subdivision  thereof  shall  be  disbursed  only  in  the 
payment  of  legal  warrants,  bonds  and  interest  coupons.  (Sec  1,  chap  80,  Laws. 
1911.) 

Section  346.  Warrants — Duties  of  Officers:  It  is  hereby  made  the  duty 
of  every  officer  authorized  to  allow,  issue,  draw  or  attest  any  warrant  or  cer- 
tificate of  indebtedness  against  the  public  funds  of  any  board  of  education 
or  school  district  to  issue,  draw  and  record  all  warrants,  bonds  and  interest 
coupons,  in  the  numerical  order  issued  on  each  fund,  beginning  with  number 
one  and  issuing  the  same  consecutively  during  the  fiscal  year.  At  the  be- 
ginning of  each  fiscal  year  a  new  series  shall  be  commenced,  and  said  series 
shall  be  designated  by  writing  the  fiscal  year  on  the  warrant  or  certificate  of 
indebtedness  for  which  the  levy  to  pay  the  same  has  been  made.  (Sec.  2, 
chap.  80,  Laws  1911.) 

NOTE — Reference    to    officers    other   than    school    districts    eliminated. 

Section  347.  "Estimate  Made  and  Approved"  Defined:  The  term  "esti- 
mate made  and  approved"  as  used  herein,  is  defined  to  mean  the  itemized 
statement  of  tte  estimated  needs  of  a  municipality  for  its  current  expenses 
for  the  ensuing  fiscal  year,  as  approved  and  fixed  by  the  excise  board  or 
by  vote  of  the  municipality,  adding  thereto  the  amount  necessary  to  create 
a  sinking  fund  to  meet  maturing  bonds,  judgments  and  interest  coupons,  but 
the  amount  or  limit  to  which  warrants  and  certificates  of  indebtedness  may 
be  issued  shall  not  include  the  ten  per  cent  to  be  added  to  the  estimate 
for  delinquent  taxes.  (Sec.  3,  chap  80,  Laws  1911.) 

68 


Section  348.  Drawn  Against  Specific  Fund — Face  of  Warrant — Delivery  to 
Treasurer:  Each  and  every  .  warrant  or  certificate  of  indebtedness  must  be 
drawn  against  a  specific  fund,  and  there  shall  be  shown  on  such  warrant, 
or  certificate  of  indebtedness,  by  the  officer  or  person  issuing,  drawing  or  at- 
testing the  same,  the  amount  of  the  estimate  made  and  approved  for  such 
purpose  for  the  fiscal  year  or  the  specific  amount  authorized  by  a  bond  issue 
for  said  purpose;  the  amount  of  warrants  or  certificates  of  indebtedness  issued 
or  drawn  against  said  fund  and  the  net  balance  to  the  credit  of  said  fund.  As 
soon  as  said  warrant,  certificate  or  indebtedness,  or  bond  is  issued,  the  same 
shall  be  at  once  signed  and  attested  and  forthwith  delivered  by  the  officer 
attesting  the  same,  to  the  treasurer  of  the  county  or  subdivision  thereof, 
issuing  the  same  for  registration.  (Sec.  4,  chap  80,  Laws  1911.) 

NOTE.  When  warrants  have  been  issued  they  must  be  sent  immediately  to 
^he  county  treasurer  for  registration. 

Section  349.  Treasurer's  Duty— Registration — Effect— Notice  of  "Funds 
on  Hand":  It  is  hereby  made  the  duty  of  the  treasurer  of  the  county  or  the 
treasurer  of  any  subdivision  thereof,  to  whom  a  warrant,  certificate  of  in- 
debtedness or  bond  is  directed  for  payment,  to  register  the  same  in  a  book 
to  be  kept  for  that  purpose  by  entering  therein  the  number,  the  date,  the 
name  of  the  payee,  the  fund  from  which  it  is  drawn  and  the  amount,  and  by 
writing  on  the  warrant  or  evidence  of  indebtedness,  the  date  of  registration, 
his  name  and  official  title.  All  warrants,  certificates  of  indebtedness  or  bonds, 
shall  be  registered  in  the  same  numerical  order  in  which  they  have  been 
issued,  and  when  so  registered  shall  be  returned  to  the  officer  attesting  the 
same.  No  warrant,  certificate  of  indebtedness  or  bond  shall  be  a  valid  charge 
until  registered  by  the  treasurer  of  the  municipality  issuing  the  same.  War- 
rants and  all  evidences  of  indebtedness  shall  bear  interest  at  the  legal  rate 
from  and  after  its  registration  by  the  treasurer,  unless  there  is  cash  on  hand 
to  pay  the  same  when  presented  for  registration  and  then  the  treasurer  shall 
make  the  same  "payable"  after  registering  the  same  and  no  interest  shall  be 
computed  or  allowed  thereon  when  paid.-  When  the  treasurer  has  money 
on  hand  to  pay  warrants  duly  registered,  he  shall  publish  notice  thereof  in 
one  issue  of  a  newspaper,  or  by  posting  five  notices  in  public  places,  and  in- 
terest shall  cease  on  said  warrants  after  thirty  days  from  the  date  of  said 
publication  or  posting  of  said  notices.  (Sec.  5,  chap.  80,  Laws  1911.) 

NOTE — It  is  made  the  duty  of  the  treasurer  to  return  the  registered  war- 
rant to  the  clerk  of  the  school  district. 

Section  350.  Amount  to  Be  Issued:  Warrants  and  certificates  of  indebt- 
edness may  be  issued  to  the  amount  of  the  estimate  made  and  approved  by  the 
excise  board  for  the  current  fiscal  year  or  to  the  amount  authorized  for  such 
purpose  by  a  bond  issue.  (Sec.  6,  chap  80,  Laws  1911.) 

Section  351.  Limit  of  Authority  to  Issue — Liability  of  Officers:  It  shall 
be  unlawful  for  any  officer  to  issue,  approve,  sign,  attest,  or  register  any  war- 
rant or  certificate  of  indebtedness  in  any  form  in  excess  of  the  estimate  of 
expenses  made  and  approved  for  the  current  fiscal  year  or  authorized  for  such 
a  purpose  by  a  bond  issue,  and  any  such  warrant  or  certificate  of  indebted- 
ness issued,  approved,  attested  or  registered  in  excess  of  the  estimate  made 
and  approved  or  authorized  by  a  bond  issue,  shall  not  be  a  charge  against 
the  municipality  upon  which  it  is  issued,  but  may  be  collected  by  civil  action 
from  any  officer  issuing,  drawing,  approving,  signing,  attesting,  registering 
or  paying  the  same,  or  from  either  or  all  of  them,  or  from  their  bondsmen. 
(Sec.  7,  chap.  80,  Laws  1911.) 

Section  352.  Registration  or  Payment  of  Excess  Warrants — Misdemeanor: 
Any  treasurer  who  shall  register  or  pay  a  warrant,  or  certificate  of  indebted- 
ness, issued  in  excess  of  the  estimate  made  and  approved  by  the  excise  board 
for  the  current  fiscal  year,  or  in  excess  of  a  bond  issue  for  such  purpose,  shall 
be  guilty  of  a  misdemeanor.  (Sec.  8,  chap  80,  Laws  1911.) 

Section  353.  Allowing  Bills  in  Excess — Liability  of  Officers:  It  shall  be 
unlawful  for  the  board  of  education  or  the  school  district  board,  or  any  mem- 
ber or  members  of  the  above-named  boards,  to  make  any  contract  for,  incur, 
acknowledge,  approve,  allow  or  authorize  any  indebtedness  against  their  re- 
spective municipality  or  authorize  it  to  be  done  by  others,  in  excess  of  the 
estimate  made  and  approved  by  the  excise  board  for  such  purposes  for  such 

69 


current  fiscal  year,  or  in  excess  of  the  specific  amount  authorized  for  such  pur- 
pose by  a  bond  issue.  Any  such  indebtedness,  contracts  incurred,  acknowledged, 
approved,  allowed  or  authorized  in  excess  of  the  estimate  made  and  approved 
for  such  purposes  for  such  current  fiscal  year  or  in  excess  of  the  specific  amount 
authorized  for  such  purpose  by  a  bond  issue,  shall  not  be  a  charge  against  the 
municipality  whose  officer  or  officers  contracted,  incurred,  acknowledged,  ap- 
proved, allowed  or  authorized  or  attested  the  evidence  of  said  indebtedness,  but 
may  be  collected  by  civil  action  from  any  official  contracting,  incurring,  ac- 
knowledging, approving  or  authorizing  or  attesting  such  indebtedness,  or  from 
his  bondsmen.  (Sec.  9,  chap.  80,  Laws  1911.) 

NOTE — Reference  to  officers  other  than  school  boards  eliminated. 

Section  354.  Violations — Punishment:  Any  officer  contracting,  incurring, 
acknowledging,  authorizing,  allowing  or  approving  any  indebtedness,  or  any 
officer  issuing,  drawing,  or  attesting  any  warrant  or  certificate  of  indebtedness 
in  excess  of  the  estimate  made  and  approved  by  the  excise  board  for  such 
purpose  for  such  current  fiscal  year  or  in  excess  of  the  specific  amount  author- 
ized for  such  purpose  by  a  bond  issue,  or  who  violates  any  other  provision  of 
this  article,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  fined  not  less  than  one  hundred  dollars  nor  more  than  one  thousand  dollars, 
and  shall  forfeit  and  be  removed  from  his  office.  (Sec.  10,  chap.  80,  Laws 
1911.) 


ARTICLE  XXV. 
Fire  Escapes. 

Section  355.  What  Buildings  to  Have  Metallic  Fire  Escapes:  Every  build- 
ing used  in  whole  or  in  part,  as  a  school  house,  three  or  more  stories  in  height, 
shall  be  provided  with  one  or  more  metallic  ladders  or  stair  fire  escapes,  at- 
tached to  the  outer  walls  thereof,  and  extended  from,  or  suitably  near  the 
ground,  to  the  uppermost  story  thereof,  with  platforms  of  such  form  and 
dimensions  and  in  such  proximity  to  one  or  more  windows  of  each  story  above 
the  first  as  to  render  access  to  such  ladders  or  stairs  from  each  story  easy 
and  safe;  the  number,  location,  material  and  construction  of  such  escapes  to 
be  subject  to  the  approval  of  the  fire  marshal,  chief  of  the  fire  department, 
city  or  town  marshal,  or  such  other  authority  as  may  have  the  control  of 
fire  regulations  in  any  city  or  town  where  such  buildings  are  located:  Pro- 
vided, however,  that  all  buildings  more  than  two  stories  in  height,  used  for 
dormitories,  schools  or  seminaries,  shall  have  at  least  one  fire  escape  for  every 
thirty  persons  for  which  sleeping  or  living  accommodations  are  provided  above 
the  second  story  of  said  buildings.  (6850.) 

NOTE.      Matter   referring   to  buildings   other   than  school  houses   eliminated. 

Section  356.  Notices  to  Be  Posted:  It  shall  be  the  duty  of  every  super- 
intendent or  other  person  or  persons  having  the  charge  and  control  of  such 
public  buildings  as  are  mentioned  and  described  in  the  first  section  hereof 
to  post  notices  in  every  room  and  hall,  and  in  a  public  and  conspicuous  place 
in  such  buildings,  calling  attention  to  the  fact  that  this  article  has  been  com- 
plied with,  and  designated  the  places  on  each  and  every  floor  of  such  building 
where  such  metallic  ladders  or  stair  fire  escapes  are  located  and  may  be 
found.  The  metallic  ladders,  or  stair  fire  escapes  provided  for  in  this  article, 
shall  be  furnished,  constructed  and  maintained  at  the  expense  of  the  owner 
or  owners  of  the  buildings.  (6852.) 

Section  357.  Penalty:  Any  violation  of  any  of  the  provisions  of  this 
article  shall  be  deemed  a  misdemeanor,  and  any  person  convicted  thereof 
shall  be  punished  by  a  fine  of  not  less  than  five  dollars  nor  more  than  five 
hundred  dollars.  (6853.) 


70 


ARTICLE  XXVI. 
School  for  the  Blind, 


Section  358.  Creation  and  Location  of  School:  There  is  hereby  created 
and  established  a  school  for  the  blind  at  or  near  the  city  of  Muskogee,  Okla- 
homa, to  be  known  as  the  "  Oklahoma  School  for  the  Blind. "  (Sec.  1,  S.  B. 
62,  chap.  37,  Laws  1913.) 

Section  359.  Purpose  of  School:  The  purpose  of  such  school  shall  be  to 
provide  academic,  musical  and  industrial  education  suitable  for  persons  de- 
prived of  sight.  (Sec.  2,  S.  B.  62,  chap.  37,  Laws  1913.) 

Section  360.  Government  and  Control:  The  said  Oklahoma  School  for 
the  Blind  shall  be  under  the  direction  and  control  of  the  state  board  of  educa- 
tion. (Sec.  3,  S.  B.  62,  chap.  37,  Laws  1913.) 

Section  361.  Who  Are  Entitled  to  Admission:  All  persons  residing  in  the 
state  of  Oklah6ma,  between  the  ages  of  six  and  twenty-one  years,  whose 
vision  is  so  defective  as  to  prevent  them  attending  the  public  schools,  and 
who  are  of  such  physical,  mental  and  moral  character  as  to  enable  them  to 
pursue  any  one  or  all  of  the  courses  of  study  taught  in  this  school,  are 
eligible:  Provided,  persons  may  be  continued  in  said  school  after  passing  the 
age  of  twenty-one,  or  persons  under  six  and  over  twenty-one  may  be  ad- 
mitted as  pupils  in.  said  school  at  the  discretion  of  the  superintendent  and 
faculty.  (Sec.  4,  S.  B.  62,  chap.  37,  Laws  1913.) 


ARTICLE  XXVII. 

School  for  the  Deaf. 


Section  362.  Creation  and  Location:  A  school  for  the  education  of  the 
deaf  is  hereby  created  in  the  state  of  Oklahoma,  to  be  known  as  the  "Okla- 
homa School  for  the  Deaf."  The  school  is  hereby  located  permanently  in 
the  city  of  Sulphur,  Oklahoma.  (6986-6987.) 

Section  363.  Who  Entitled  to  Admission:  All  deaf  residents  of  this  state, 
and  those  deaf  and  dumb  to  such  an  extent  that  they  cannot  acquire  an  edu- 
cation in  the  common  schools  of  the  state,  of  suitable  age  and  capacity,  and 
of  good  moral  character,  shall  be  entitled  to  an  education  in  the  school  for 
the  deaf,  without  charge.  (6988.) 

Section  364.  Compulsory  Attendance:  Every  parent,  company,  guardian 
corporation,  association,  person  or  persons,  within  the  state  of  Oklahoma,  hav- 
ing control  or  charge  of  any  deaf  child  or  person,  between  the  ages  of  seven 
and  twenty-one,  shall  be  required  to  send  such  child  or  person  to  some  suitable 
school,  where  deaf  children  are  taught  and  educated,  for  a  period  of  at  least 
six  months  in  each  year:  Provided,  that  this  shall  not  apply  to  any  such, 
child  or  person  where  skilled  private  instruction  is  given  for  the  same  length 
of  time  each  year.  (Sec.  3,  chap.  167,  Laws  1913.) 

Section  365.  Purpose  of  the  School:  The  purpose  of  said  school  will  be 
the  physical  and  moral  and  intellectual  culture  and  training  of  the  deaf, 
to  the  end  that  pupils  may  be  returned  to  society  capable  of  becoming  self- 
sustaining  and  useful  citizens.  (6989.) 

NOTE — Management  and  central  of  the  school  vested  in  the  state  board 
of  education.  See  section  296. 

Section  366.  Duties  of  Superintendent:  The  chief  executive  officer  of  the 
Oklahoma  School  for  the  Deaf  shall  be  a  superintendent.  He  shall  be  an 
experienced  educator  of  the  deaf.  He  shall  give  bond  in  the  sum  of  five 
thousand  dollars,  running  to  the  state  as- the  custodian  of  the  state's  prop- 

71 


erty  under  his  care,  and  for  the  faithful  and  efficient  discharge  of  his  duty. 
He  shall  prescribe  the  requisite  course  of  study  for  each  of  the  departments, 
embracing  scientific,  domestic,  industrial  and  manual  training,  and  shall  re- 
quire each  student  to  pursue  that  course  of  study  which  will  best  fit  him  for 
future  self-support;  he  shall  also  prescribe  all  rules  and  regulations  relating  to 
the  officers,  teachers,  pupils  and  employees,  subject  to  the  approval  of  the 
board.  (6991.) 

Section  367.  Report  of  Superintendent:  The  superintendent  shall  make  a 
biennial  report  to  the  state  board  of  education  of  the  educational  work  and 
condition  of  the  school,  with  such  recommendations  as  shall  seem  to  him  nec- 
essary to  secure  the  greatest  service.  (6995.) 

Section  368.  Maintenance  of  Pupils:  On  admission  of  a  pupil  to  this 
school,  the  parents  or  guardian  shall  furnish  sufficient  clothing  for  such  pupils, 
shall  pay  his  or  her  transportation  to  and  from  the  school,  and  the  necessary 
expenses  in  case  of  death,  also  all  incidental  expenses  such  as  dental  work,  and 
shall  support  the  pupil  during  the  summer  vacation.  If  the  parent  or  guard- 
ians for  any  reason  are  unable  to  provide  for  such  pupil,  then  the  superin- 
tendent, upon  proof  from  the  county  judge  of  the  county  where  the  pupil 
resides,  shall  supply  such  pupil  with  necessary  clothing  and  means  of  trans- 
portation, also  incur  such  incidental  expenses  as  are  needed  to  maintain  the 
pupil  in  a  normal  physical  condition.  The  superintendent  shall  in  such  case 
send  a  certified  account  of  such  expenses  to  the  board  of  county  commissioners 
of  the  county  from  which  the  pupil  so  supplied  has  come  to  the  school,  and 
such  county  commissioners  shall  ma"ke  provision  to  have  such  account  paid 
from  the  poor  and  insane  fund  of  the  county:  Provided,  that  persons  not 
residents  of  the  state  may  avail  themselves  of  the  benefits  of  the  school 
by  complying  with  the  conditions  of  admission  for  citizens  of  the  state,  and 
paying  the  superintendent  thereof  a  sum  to  be  fixed  by  the  state  board  of 
education  in  advance.  (6996.) 


ARTICLE  XXVIII. 

Oklahoma  State  Home. 


Section  369.  Home  Established — Who  Admitted:  There  is  hereby  estab- 
lished near  the  town  of  Pryor  Creek,  in  this  state,  to  be  maintained  by  the 
state,  an  institution  which  shall  be  known  as  the  "Oklahoma  State  Home," 
and  it  shall  be  a  home  for  white  children  of  sound  mind  and  body  under 
sixteen  years  of  age  who  are  dependent  on  the  public  for  support:  Provided, 
that  the  board  of  control  of  said  home  shall  have  authority  to  admit,  in  their 
discretion,  any  child  dependent  or  neglected,  regardless  of  its  physical  condi- 
tion. (6997.) 

Section  370.  Board  of  Control:  The  general  supervision  and  government 
of  said  home  shall  be  vested  in  a  board  of  control,  to  consist  of  three  members, 
who  shall  be  appointed  by  the  governor;  the  members  of  which  board  shall 
hold  their  offices  respectively  for  two,  three  and  four  years  from  and  after 
the  date  of  their  appointment,  and  until  their  successors  shall  be  appointed 
and  qualified;  said  respective  terms  of  office  to  be  designated  in  their  respec- 
tive appointments;  and  thereafter  there  shall  be  one  member  of  said  board 
appointed  by  the  governor  every  year  for  a  term  of  four  years,  or  until  his 
successor  shall  be  appointed  and  qualified.  Whenever  a  vacancy  shall  occur 
in  said  board  by  death,  resignation,  removal  from  the  state,  or  otherwise, 
the  governor  shall  fill  the  same  by  appointment  for  the  remainder  of  the 
unexpired  term,  and  the  appointee  shall  hold  only  for  the  unexpired  term  of 
the  person  whose  place  he  is  appointed  to  fill.  The  members  of  said  board  of 
control  shall  constitute  a  body  corporate,  under  the  name  and  seal  of  the 
"Board  of  Control  of  Oklahoma  State  Home,"  with  the  right  of  suing  and 
being  sued,  and  of  making  and  using  a  common  seal  and  of  altering  it  at 
pleasure.  A  majority  of  the  board  shall  constitute  a  quorum  for  the  transac- 

72 


tion  of  any  business  lawful  to  be  done  by  the  said  board.  Said  board  of 
control  shall  have  the  power  of  taking  and  holding  by  purchase,  gift,  donation, 
devise  or  bequest,  real  or  personal  estate  applied  to  the  use  of  the  home.  Said 
board  before  it  enters  upon  the  duties  of  its  office  shall  each  take  and  sub- 
scribe the  constitutional  oath  of  office  and  file  the  same  in  the  office  of  the 
secretary  of  state.  (6998.) 

NOTE — The  state  board  of  education  is  made  the  board  of  control.  See 
section  296. 

Section  371.  Officers  of  Board — Superintendent  and  Employees:  Said 
board  shall  elect  from  its  own  number  at  its  regular  meeting  in  March,  each 
year,  a  president,  vice-president,  secretary  and  treasurer,  who  shall  hold  their 
offices  until  fheir  successors  shall  be  elected  and  qualified.  Such  officers  shall 
hold  their  places  during  the  pleasure  of  said  board.  It  shall  be  the  duty 
of  the  secretary  of  said  board  to  render  quarterly  to  the  state  auditor,  ac- 
counts current  of  all  cash  transactions,  and  all  moneys  received,  with  the 
proper  vertified  vouchers.  All  claims  and  vouchers  for  the  purchase  of  sup- 
plies, or  other  indebtedness  of  the  home,  shall  be  approved  by  the  board  and 
signed  by  the  president  of  the  board  of  control.  Said  board  shall  establish 
a  system  of  government  for  said  home,  including  all  necessary  regulations 
for  the  management  and  good  order  thereof,  including  the  support,  mental, 
moral  and  physical  training  of  the  children;  for  placing  them  in  family  homes, 
and  for  their  supervision  in  such  homes  while  they  remain  the  wards  of  said 
board.  The  said  board  shall  appoint  as  superintendent  a  competent  person 
having  a  practical  knowledge  of  the  best  methods  of  providing  for  dependent 
and  neglected  children,  who  shall  hold  his  office  during  its  pleasure;  and  he 
shall  appoint  a  matron  or  cottage  managers,  and  such  other  officers  and  em- 
ployees as  the  board  shall  prescribe,  who  shall  severally  hold  their  offices 
during  the  pleasure  of  said  superintendent  and  said  board  shall  prescribe 
their  duties  and  fix  their  salaries.  The  board  of  control  shall  meet  regularly 
at  the  home,  on  the  first  Wednesday  in  each  month,  and  at  such  other  time 
and  places  as  it  shall  deem  advisable,  to  transact  all  necessary  business. 
(6999.) 

Section  372.  What  Children  Admitted — Guardianship:  The  said  home 
shall  be  a  temporary  home  for  dependent  and  neglected  children,  where  they 
shall  be  retained  only  until  they  can  be  placed  in  family  homes:  Provided, 
that  in  the  discretion  of  the  board,  the  child  may  be  retained  in  the  home  as 
long  as  its  best  interests  may  require.  There  shall  be  received  into  said  home 
all  children  who  have  been  declared  to  be  dependent  on  the  public  for  support,  as 
provided  by  law,  and  they  shall  be  retained  therein  until  they  are  eighteen 
years  of  age,  or  they  may  be  declared  self-supporting  and  be  released  by 
order  of  said  board  after  sixteen  years  of  age,  unless  they  shall  before 
that  age  be  sent  out  as  herein  provided.  The  said  board  shall  be  appointed 
guardian,  in  the  manner  provided  by  law,  of  the  person  and  estate  of  all 
children  admitted  to  said  home,  which  guardianship  shall  continue  during  the 
minority  of  such  children,  unless  sooner  discharged  by  the  proper  court.  (7000.) 

Section  373.  Children  to  Be  Placed  in  Private  Homes  on  Contract:  The 
said  board  is  authorized,  and  it  shall  be  its  duty,  to  use  special  diligence  in 
placing  the  children  admitted  to  said  home  in  suitable  family  homes,  which 
shall  be  approved  as  herein  provided,  on  written  contracts,  to  remain  until  they 
reach  their  majority,  or  in  the  discretion  of  said  board.  Such  contracts  shall 
provide  for  the  education  of  the  children  in  the  public  schools  where  they 
reside  at  least  six  months  in  each  year;  for  teaching  them  some  useful  occu- 
pation; for  kind  and  proper  treatment  as  members  of  the  families  where 
placed,  and  for  the  payment  during  each  year  of  the  contract,  to  said  board, 
for  the  use  and  benefit  of  said  children,  such  sum  of  money  as  shall  be 
named  in  the  contract:  Provided,  however,  that  in  the  discretion  of  said  board, 
in  case  of  children  not  on  indenture  and  over  sixteen  years  of  age,  such  con- 
tract may  provide  only  for  wages  to  be  paid  to  the  child  or  to  said  board  for 
the  benefit  of  the  child,  and  for  kind  and  proper  treatment.  Every  contract 
shall  contain  a  clause  reserving  the  right  to  said  board  to  cancel  or  modify 
the  same  whenever  it  may  deem  that  the  interests  of  the  child  require,  and 
also  contain  a  clause  authorizing  the  person  taking  the  child  to  cancel  the  same 
at  any  time,  within  sixty  days  from  the  date  of  contract,  on  returning  the 

73 


child  to  the  home  free  of  expense  to  said  home.  All  moneys  earned  by  said 
child  or  received  from  an  indenture  shall  be  turned  over  to  said  child  when 
for  any  reason  the  guardianship  of  the  board  shall  cease.  (7001.) 

Section  374.  Children  to  Be  Released  or  Returned — When:  Whenever  any 
ward  of  said  board  who  is  not  indentured  has  become  self-supporting,  the 
said  board  may,  at  its  discretion,  so  declare  the  fact  by  resolution,  and  there- 
upon its  guardianship  shall  cease  and  the  child  shall  thereafter  be  entitled  to 
its  own  earnings.  Whenever  one  or  both  of  the  parents  of  any  ward  of 
said  board,  who  is  not  indentured,  have  become  able  to  support  the  child  and 
educate  it,  the  child  may,  by  resolution  adopted  by  said  board,  be  restored 
to  its  parents,  in  which  case  the  suitableness  of  the  home  shall  be  certified 
in  the  manner  herein  provided  for  placing  children  on  indenture,  and  there- 
upon the  guardianship  of  said  board  shall  cease.  The  said  board  is  authorized 
to  return  to  the  counties  from  which  they  were  sent  the  following  classes  of 
children: 

First:  Those  who,  by  reason  of  vicious  habits  or  incorrigibility,  cannot 
be  placed  or  retained  in  family  homes. 

Second:  Those  who,  in  the  opinion  of  said  board,  based  on  the  certificate 
of  the  physicians  of  said  home,  are  of  unsound  mind  or  body,  or  who  have 
some  serious  physical  disability  which  prevents  their  being  placed  in  family 
homes  or  learning  trades.  Whenever  any  child  shall  be  ordered  by  said  board 
to  be  returned  to  its  county  as  herein  provided,  the  guardianship  of  said  board 
shall  cease,  and  the  child  shall  thereupon  again  become  a  charge  of  the  county 
from  which  it  was  sent;  and  the  superintendent  of  said  home,  in  returning 
any  child  to  its  county,  shall  report  in  writing  to  the  county  commissioners 
of  the  proper  county  the  action  of  said  board,  and  the  reasons  therefor. 
(7002.) 

Section  375.  State  Agent — Duties — Offenses:  The  said  board  is  author- 
ized to  employ  some  competent  person  as  the  state  agent  of  the  Oklahoma  State 
Home,  and  who  shall  act  in  that  capacity  during  the  pleasure  of  the  board. 
His  duties  as  such  agent  shall  be  prescribed  by  said  board,  and  shall  include 
visiting  at  such  times  as  said  board  shall  direct  the  children  in  families  on 
indenture  and  reporting  to  said  board  the  condition  of  such  children,  and 
any  failure  to  comply  with  the  terms  of  the  indenture  contracts.  It  shall  also 
be  the  duty  of  said  agent  to  find  suitable  homes  for  the  children  of  said 
home  and  to  enter  into  contracts  in  writing,  when  so  authorized  by  said 
board  on  behalf  of  said  board,  with  the  persons  taking  such  children.  The 
bills  for  salary  and  necessary  traveling  expenses  of  said  agent  shall  be  first 
sworn  to  by  said  agent  and  examined  and  allowed  by  said  board.  The  state 
agent  shall  act  under  the  instructions  of  the  superintendent;  and  the  county 
attorney  of  each  county,  when  called  upon  to  do  so,  shall  act  as  the  legal 
adviser  of  the  superintendent  or  state  agent  in  any  manner  within  his  county, 
in  which  the  rights  of  person  or  property  of  any  inmate  or  applicant  may 
be  involved.  The  state  agent  shall  have  the  power  and  authority  to  arrest 
and  return  to  the  home,  any  ward  or  said  school  who  has  left  the  home  without 
being  regularly  discharged,  as  herein  provided.  His  jurisdiction  shall  be  co- 
extensive with  the  state,  and  any  person  interfering  with  said  officer  in 
the  discharge  of  his  duty  shall  be  subject  to  arrest,  and  shall  be  subject  to  the 
penalties  prescribed  by'  law  for  interfering  with  a  peace  officer  in  the  dis- 
charge of  his  duty.  Any  person  who  shall  carry  away  or  entice  any  inmate 
from  the  institution,  or  shall  assist  in  the  escape,  or  shall  knowingly  conceal 
any  inmate  of  said  home  who  has  escaped  therefrom,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  in  sum  of  not  exceeding 
two  hundred  dollars,  and  shall  be  confined  in  the  county  jail  for  not  less  than 
sixty  days  and  not  more  than  one  year.  (7003.) 

Section  376.  Commitment  by  Juvenile  Court:  No  child  shall  be  received 
into  the  Oklahoma  State  Home  except  by  commitment  by  the  juvenile  court 
in  the  county  in  which  such  child  reside.8,  together  with  a  full  transcript  of 
the  proceedings  in  such  case:  Provided,  that  no  child  found  guilty  of  said 
court  of  any  crime,  or  found  to  be  incorrigible,  shall  be  received  in  said  home. 
(7004.) 

74 


Section  377.  Admissions  When  Home  Is  Crowded — Transportation  Ex- 
penses: Whenever  there  are  more  children  in  the  several  counties  admissable 
than  can  be  received  in  said  home,  it  shall  be  the  duty  of  the  superintendent  of 
said  home  to  divide  such  admissions  prorata  among  the  counties,  according  to 
the  number  of  dependent  children  in  each  at  the  time  of  such  admission,  giv- 
ing preference  to  counties  of  the  same  or  larger  population  that  have  had 
fewer  children  admitted  into  said  home.  Whenever  the  county  judge  of  any 
county  shall  be  informed  by  the  superintendent  of  said  home  that  any  de- 
pendent children  from  that  county  can  be  admitted  into  said  home,  it  shall 
be  the  duty  of  the  county  judge  to  notify  the  county  commissioners,  who 
shall  forward  them  to  said  home,  as  provided  in  this  article,  as  soon  as  prac- 
ticable; and  it  shall  be  unjawful  for  the  county  commissioners  of  any  county 
to  retain  and  support  in  their  county  any  child  admissable  by  law  to  said 
home  after  such  notification.  The  expense  of  transporting  of  children  to 
said  home  pursuant  to  law,  and  the  expenses  of  returning  any  of  said  chil- 
dren to  their  counties,  after  their  admission  by  said  board,  as  improper  in- 
mates of  said  home,  shall  be  paid  by  the  county  sending  such  children.  (7005.) 

Section  378.  Authority  Over  Children  Put  in  Private  Homes:  It  shall 
be  the  duty  of  said  board  to  obtain  information  as  often  as  practicable,  from 
all  the  children  placed  in  families  from  the  home,  and  to  secure,  as  far  as 
possible,  the  education  and  good  treatment  of  such  children  and  the  full  per- 
formance of  indenture  contracts.  It  shall  be  the  duty  of  said  board  to  procure 
written  reports  concerning  such  children  at  least  once  in  each  three  months, 
from  the  person  to  whom  the  child  is  indentured,  and  from  the  state  agent, 
or  some  one  under  his  direction.  If  it  shall  appear  to  said  board  by  such 
reports  or  from  any  other  source,  that  the  child  is  neglected  or  ill  treated,  or 
is  not  being  educated  by  the  person  with  whom  it  is  placed,  or  that  the  per- 
son having  such  child  is  unfit  to  have  the  care  thereof,  the  said  board,  or  the 
superintendent  of  said  home,  who  may  be  authorized  so  to  do  by  the  said 
board,  shall  cancel  the  contract  and  cause  the  child  to  be  removed  to  some 
other  home,  or  returned  to  the  Oklahoma  State  Home,  and  notice  thereof 
shall  be  given  to  the  county  judge  of  the  county  from  which  it  came.  (7006.) 

Section  379.  Indenture  and  Adoption:  Any  person  desiring  to  take  a 
child  from  said  home  by  indenture  or  adoption  may  apply  for  that  purpose  in 
writing,  in  such  form  as  said  board  shall  prescribe,  to  the  superintendent.  The 
superintendent  or  the  state  agent  shall  investigate  the  same  and  report 
in  writing  to  the  board  of  control  in  such  form  as  it  may  prescribe.  (7007.) 

Section  380.  Same — Report  of  Treatment:  No  child  from  said  home  shall 
be  placed  in  a  home  on  trial  or  by  indenture  or  adoption,  unless  the  same  shall 
be  approved  by  the  board  of  control.  But  no  child  shall  be  indentured,  adopted 
or  placed  in  a  home,  any  member  of  which  is  addicted  to  the  use  of  liquor  or 
engaged  in  a  liquor  traffic  or  any  immoral  pursuits.  In  case  it  shall  be  found 
at  any  time  after  the  adoption  or  indenture  of  any  child,  that  such  per- 
son has  become  engaged  in  the  liquor  traffic  or  any  immoral  pursuit,  it 
shall  be  the  duty  of  the  superintendent  immediately  to  remove  such  child 
from  such  home  as  soon  as  it  comes  to  his  knowledge.  It  shall  be  the  duty 
of  the  state  agent  to  visit  the  children  of  said  home  in  families  on  in- 
denture, at  such  time  as  he  may  be  requested  so  to  do  by  the  superintendent 
of  said  home,  and  inquire  into  the  management,  condition  and  treatment  of 
such  children;  and  he  shall,  as  soon  as  practicable,  report  to  the  superintendent 
of  said  home  the  facts  ascertained,  showing  whether  the  indenture  contracts 
are  being  faithfully  executed;  and  wherever  it  shall  come  to  the  knowledge 
of  the  officer  so  authorized  to  make  such  visit,  that  any  child  of  this  home 
in  any  family,  on  trial  or  indenture,  is  being  ill-treated,  he  shall  immediately 
investigate  the  case  and  report  the  facts  as  aforesaid.  (7008.) 

Section  381.  Records  to  Be  Kept:  It  shall  be  the  duty  of  said  board  to 
preserve  in  said  home  all  legal  papers,  reports  and  other  valuable  papers  relat- 
ing to  each  child,  and  to  provide  and  keep  suitable  record  books  in  which  shall 
be  entered,  during  the  time  of  guardianship  of  said  board,  a  brief  history  of 
each  child,  showing  its  name,  age,  county,  residence,  when  received,  inden- 
tured or  adopted;  the  names,  occupation,  habits  and  character  of  the  par- 
ents so  far  as  they  can  be  ascertained;  and  the  name,  residence  and  occupa- 

75 


tion  of  the  person  who  has  taken  the  child  by  indenture  or  adoption.  (7009.) 

Section  382.    Limitation  of  Expenditures — Compensation  of  Board:     The 

board  of  control  is  hereby  prohibited  from  creating  any  debt  against  the 
Oklahoma  State  Home,  or  from  incurring  any  expense  beyond  its  ability  to 
pay  from  the  appropriations  made  therefor,  except  as  herein  provided.  Each 
member  of  the  board  of  control  shall  receive  as  compensation  for  his  services 
three  dollars  per  day  and  his  actual  expenses  incurred  while  in  the  service  of 
the  state.  (7010.) 

Section  383.  Annual  Reports  of  Board:  The  board  of  control  shall  report 
annually  to  the  governor  and  to  the  commissioner  of  charities  and  corrections 
on  the  thirtieth  day  of  June,  or  oftener  if  required.  (7011.) 

Section  384.  Colored  Orphan  Home— Location  and  Purpose:  The  insti- 
tute for  the  deaf,  blind  and  orphans  of  the  colored  race  is  hereby  located 
and  established  at  or  within  a  convenient  distance  of  the  town  of  Taft,  in 
Muskogee  county,  in  the  state  of  Oklahoma,  the  exclusive  purpose  of  which 
shall  be  to  care  for,  teach  and  train  the  unfortunate  of  the  said  colored  race 
in  the  rudiments  of  English,  as  in  the  graded  schools,  and  the  practical  and 
primary  industries,  such  as  may  fit  such  unfortunates  for  useful  citizenship 
and  make  them  self-helpful  and  self-reliant.  (7014.) 

Section  385.  Foregoing  Provisions  Applicable:  All  of  the  foregoing  pro- 
visions of  this  article  shall  be  and  they  are  hereby  made  applicable  to  the 
government  and  control  of  said  colored  orphan  home  established  by  the  pre- 
ceding section,  and  all  officers  and  employees  for  the  carrying  out  of  said 
colored  orphan  home  are  hereby  created  according  to  the  foregoing  provisions 
of  this  article.  (7013.) 

Section  386.  Record  Shall  Be  Kept  by  County  Judge:  When  committing 
orphan,  dependent  or  neglected  children  to  the  Oklahoma  State  Home  at 
Pryor,  Oklahoma,  the  county  courts  of  the  several  counties  of  this  state  shall 
keep  a  complete  record  of  all  commitments,  giving  names  and  addresses  if 
possible,  of  all  the  near  relatives  of  the  children,  cause  of  the  death  of  the 
relatives,  stating  disease  if  known,  and  before  said  children  shall  be  as- 
signed to  the  state  home,  the  county  court  shall  have  them  examined  by  a 
competent  physician,  to  determine  if  they  are  of  sound  mind  and  body.  Said 
court  shall  forward  with  the  children  a  complete  copy  of  the  proceedings  of 
the  commitment  to  the  superintendent  of  the  Oklahoma  State  Home  for  his 
records.  (Sec.  1,  S.  B.  199,  chap.  145,  L.  1915.) 

Section  387.  Penalty  for  Enticing  Child  Away:  Any  parent  or  parents 
who  shall  visit  a  home  in  which  one  or  more  of  their  children  have  been  placed 
by  the  superintendent  of  the  Oklahoma  State  Home,  for  the  purpose  of  enticing 
away  or  causing  said  children  or  children  to  become  dissatisfied,  shall  be  guilty 
of  a  misdemeanor,  and  fined  not  less  than  one  hundred  dollars  nor  more  than 
two  hundred  and  fifty  dollars.  (Sec.  2,  S.  B.  199,  chap.  145,  L.  1915) 


ARTICLE  XXIX. 

State  Training  School. 


Section  388.  Location:  There  is  hereby  established  a  state  training 
school,  to  be  located  in  Garvin  county  between  the  cities  of  Pauls  Valley  and 
Wynnewood,  on  a  tract  of  land  of  not  less  than  four  hundred  acres,  to  be 
deeded  in  fee  simple  by  the  citizens  of  the  two  cities  to  the  board  of  control 
and  their  successors  in  office,  without  cost  to  the  state.  (Sec.  7087,  Eevised 
Laws  1910.) 

Note — School  is  governed  by  state  board  of  education.     See   Sec.   296. 

Section  389.  Commitments  to  School:  It  shall  be  the  duty  of  said  board 
of  control  to  receive  to  the  extent  of  the  means  placed  at  its  disposal  and  con- 

76 


ditions  afforded  by  the  buildings  belonging  to  said  school,  all  persons  com- 
mitted to  its  care  and  guardianship  under  the  provisions  of  this  act,  and  all 
boys  committed  thereto  shall  be  committed  until  they  arrive  at  the  age  of 
twenty-one  (21)  years  unless  sooner  reformed.  (7093,  Eevised  Laws  1910.) 

Section  390.  Care  of  Inmates:  Each  and  every  boy  who  shall  be  legally 
committed  to  said  school  as  provided  herein  this  act  shall  be  clothed,  fed,  dis- 
ciplined, instructed,  employed  and  governed,  under  the  direction  of  the  board 
of  control  of  said  school  until  he  either  be  reformed  or  discharged,  according 
to  the  rules  to  be  adopted  by  the  said  board  of  control.  (7094,  Eevised  Laws 
1910.) 

Section  391.  Same — Regulations:  The  board  of  control  shall  make  such 
regulations  in  regard  to  the  food,  clothing  and  bedding  of  the  inmates  of  said 
school  as  health  and  circumstances  of  each  may  require,  and  all  rations,  cloth- 
ing and  bedding  shall  be  plain  and  of  good  quality  and  in  such  quantity  for 
the  sustenance  of  the  health  and  well  being  of  the  inmates.  It  shall  be  the 
duty  of  said  board  of  control  to  prepare  and  adopt  from  time  to  time  rules 
and  regulations  for  said  institution  for  the  government  of  the  inmates  of 
the  same.  (7095,  Eevised  Laws  1910.) 

Section  392.  Duties  of  Board:  Said  board  shall  at  its  regular  meeting 
examine  all  of  the  different  departments  of  the  institution  and  inquire  into  all 
matters  concerning  them — the  government,  discipline,  punishment  and  employ- 
ment of  the  inmates,  and  doings  and  accounts  of  the  superintendent,  the  pur- 
chases and  sales,  and  whether  the  inmates  are  well  clothed  and  fed  and  have 
such  educational  advantages  as  shall  have  been  provided  for,  also  inquire 
into  any  allegations  against  the  superintendent  or  other  officers  and  for  that 
purpose  issue  subpoenas  to  compel  the  attendance  of  witnesses  and  the  produc- 
tion of  papers  and  writings  before  them,  subject  to  the  same  penalties  for 
disobedience  as  in  case  of  trials  before  courts  of  record,  and  may  examine 
any  witness,  under  oath,  brought  before  them,  the  oath  to  be  administered 
by  the  president  of  the  board  or  by  other  members  in  his  absence.  (7096,  Ee- 
vised Laws  1910.) 

Section  393.  System  of  Marks  and  Credits:  The  board  of  control  shall, 
under  a  system  of  marks  or  otherwise,  fix  upon  a  uniform  plan,  under  which 
it  shall  determine  what  number  of  marks,  or  credits,  shall  be  earned  by  each 
boy  sentenced  under  the  provisions  of  this  article  as  the  condition  of  in- 
creased privileges  or  of  release  from  its  control,  which  system  shall  be  sub- 
ject to  revision  from  time  to  time.  Each  boy  sentenced  to  said  school  shall 
be  credited  for  gopd  personal  demeanor,  diligence  in  labor  and  study  and 
for  results  accomplished  and  be  charged  for  dereliction,  negligence  and  of- 
fenses. (7097,  Eevised  Laws  1910.) 

Section  394.  Marks  and  Credits  to  Be  Made  Known  to  Inmates:  The 
board  of  control  shall  establish  rules  and  regulations  by  which  the  standing 
of  each  boy's  gain  of  marks  and  credits  shall  be  made  known  to  him  as  often 
as  once  each  month  and  oftener  if  he  shall  at  any  time  request  it.  (7098  Ee- 
vised Laws  1910.) 

Section  395.  Board  May  Release — When:  When  it  appears  to  the  said 
board  that  there  is  a  strong  or  reasonable  probability  that  any  boy  will  leave 
and  remain  at  liberty  without  violating  the  law  and  that  his  release  is  not 
incompatible  with  the  welfare  of  society  and  detrimental  to  his  own  good, 
then  it  shall  issue  to  said  boy  an  absolute  release  from  confinement,  but  no 
other  petition  or  other  form  of  application  for  the  release  of  any  boy 
shall  be  entertained  by  the  board  of  control:  Provided,  that  nothing 
herein  contained  shall  be  construed  to  impair  Ifke  power  of  the  governor 
to  grant  a  pardon  in  any  case  upon  the  recommendation  from  the  state  board 
of  pardons.  (Sec.  7099,  Eevised  Laws  1910.) 

Section  396.  Boys  May  Be  Placed  With  Family:  It  shall  be  lawful 
for  said  board  of  control  to  place  in  the  care  of  any  resident  of  this  state, 
who  is  the  head  of  a  family  and  of  good  moral  character,  any  of  said  boys 
in  said  school  on  such  conditions  and  with  such  stipulations  as  the  board  may 
establish.  (7100,  Eevised  Laws  1910.) 

77 


Section  397.  Daily  Journal  to  Be  Kept  by  Superintendent:  The  superin- 
tendent shall  keep  a  daily  journal  of  the  proceedings  of  the  institution,  in 
which  he  shall  enter  every  infraction  of  the  rules  by  any  officer,  teacher, 
or  employee  thereof  which  shall  come  to  his  knowledge,  and  shall  make  a 
memorandum  of  every  complaint  made  by  any  inmate  of  cruel  or  unjust 
treatment  from  his  overseer  or  other  officer  of  the  institution,  or  the  want 
of  any  good  and  sufficient  clothing  and  also  any  infraction  of  the  rules 
by  any  inmate,  naming  him  and  specifying  the  offenses  and  also  what  punish- 
ment and  the  extent  thereof,  so  awarded,  which  journal  shall  be  laid  before 
the  board  of  control  at  every  stated  meeting  and  at  every  special  meeting 
when  demanded.  (Sec.  7103,  Eevised  Laws  1910.) 

Section  398.  Superintendent  to  Keep  Accounts:  The  superintendent  of 
said  school  shall  keep  or  cause  to  be  kept  an  accurate  account  of  all  moneys 
received  from  the  sale  of  articles  manufactured  in  said  institution  and  of 
the  moneys  expended  for  machinery  and  material,  care  and  support  of  said 
institution  and  other  things  with  any  other  business  or  trade  that  may  be 
deemed  advisable  by  the  said  board  of  control  to  be  carried  on  at  said  school; 
he  shall  have  charge  of  said  business  and  temporary  custody  of  the  moneys 
so  received  and  at  the  end  of  every  month  shall  render  to  the  state  treasurer 
an  itemized  account  of  the  moneys  so  received  and  shall  pay  the  same  over 
to  the  state  treasurer  to  be  placed  in  the  credit  of  said  school  fund,  taking 
a  triplicate  receipt  for  the  same,  one  copy  of  which  shall  go  to  the  secretary 
of  the  board  of  control,  one  to  be  transmitted  to  the  auditor  of  the  state,  and 
the  other  to  be  retained  by  himself.  The  money  so  paid  to  the  treasurer 
shall  be  placed  to  the  credit  of  the  contingent  fund  of  said  school  and  be 
used  in  the  same  manner  as  the  regular  appropriation.  (7104,  Eevised  Laws 
1910.) 

Section  399.  Binding  Out  Inmates:  It  shall  be  lawful  for  the  board  of 
control,  whenever  in  its  discretion  it  may  deem  any  one  of  the  boys  detained 
in  said  institution  to  have  become  so  far  reformed  as  to  justify  his  discharge, 
to  liberate  such  boy  or  to  bind  him  by  articles  of  indenture  for  that  purpose 
to  be  entered  into  with  any  suitable  person  who  will  engage  to  instruct  or 
educate  such  boy  in  a  proper  manner  according  to  the  terms  of  such  indenture: 
Provided,  said  boy  shall  be  placed  in  school  at  least  three  months  in  each  year. 
(7105,  Eevised  Laws  1910.) 

Section  400.  Boys  May  Be  Bound  to  School  by  Indenture:  Any  parent 
may  indenture  his  or  her  boy,  or  any  guardian  may  indenture  a  male  ward,  to 
the  state  training  school  for  such  length  of  time  as  may  be  agreed  upon  by 
such  parent  or  guardian,  and*  the  board  of  control  of  said  school,  on  condition 
that  such  parent  or  guardian  shall  pay  the  expenses  of  such  boy  or  ward  so 
indentured  as  aforesaid,  while  at  said  school.  (7106,  Eevised  Laws  1910.) 

Section  401.  Conveyance  of  School — Fees:  It  shall  be  the  duty  of  the 
sheriff  or  any  constable  of  the  respective  counties,  or  in. case  of  their  absence, 
of  any  suitable  person  appointed  by  the  court  for  such  purpose,  to  convey 
any  boy  committed  under  the  provisions  of  this  article  to  the  school  aforesaid, 
and  all  magistrates  and  officers  performing  services  hereunder,  shall  be  paid 
the  same  fee  as  are  allowed  for  similar  services  in  criminal  cases;  such  fees 
to  be  paid  by  the  county  from  which  such  boy  was  committed.  (7107,  Eevised 
Laws  1910.) 

Section  402.  Same — On  Complaint  of  Parent:  Whenever  the  parent  or 
guardian  or  next  friend  of  a  boy  shall  make  complaint  before  any  police 
magistrate  or  justice  of  the  peace,  that  by  reason  of  incorrigible  or  vicious 
conduct  such  boy  has  rendered  his  control  beyond  the  power  of  parent,  guard- 
ian or  next  friend,  and  made  it  manifest  that  a  regard  for  the  morals  and  wel- 
fare of  such  boy  requires  Aat  he  should  be  placed  under  the  guardianship  of 
the  state  training  school,  if  such  complaint  be  established  by  due  proof,  the 
said  magistrate  or  justice  of  the  peace  shall  commit  such  boy  to  the  said 
school  for  such  term  as  he  shall  deem  proper,  within  the  limits  prescribed 
in  the  foregoing  sections:  Provided,  that  an  appeal  may  be  had  as  in  other 
cases.  (7108,  Eevised  Laws  1910.) 

Section  403.  Return  of  Delinquents:  If  any  boy  shall  absent  himself 
without  leave  from  the  person  to  whose  care  and  service  he  has  been  properly 

78 


committed  such  boy  may  be  forthwith  returned  to  the  said  institution  without 
further  process,  and  shall  forfeit  all  credits  gained  by  him  on  account  of  all 
previous  good  conduct.  (7109,  Kevised  Laws  1910.) 

Section  404.  Officers  and  Employees  of  School:  Every  person  who  shall 
aid  or  abet  any  boy  in  escaping  from  said  school  or  who  shall  knowingly  har- 
bor such  boy  or  aid  in  abducting  him  from  the  person  to  whose  care  and 
service  he  has  been  properly  committed,  shall  be  deemed  guilty  of  a  felony, 
and  upon  conviction,  shall  be  punished  by  imprisonment  in  the  penitentiary 
for  not  less  than  one  year,  or  more  than  three  years.  (7111,  Eevised  Laws 
1910.) 

Section  405.  Length  of  Commitment — Age — Discretion  of  Court:  Boys 
not  over  sixteen  nor  under  ten  years  of  age  may  be  committed  to  said  school 
by  any  judge  of  the  police  court,  county  judge  or  district  judge,  or  the  judge 
of  any  court  of  record  having  jurisdiction  in  criminal  cases,  or  any  conviction 
of  any  offense  against  the  laws  of  the  state,  and  any  such  boy  convicted  of 
any  crime  or  offense,  the  punishment  of  which  is  in  whole  or  in  part  con- 
finement in  the  jail  or  penitentiary,  may,  at  the  discretion  of  the  court  giv- 
ing sentence,  in  lieu  of  being  sent  to  the  jail  or  penitentiary,  be  committed 
to  the  State  Training  School.  (7112,  Eevised  Laws  1910.) 

Section  406.  To  Be  Taken  to  School — How:  Any  such  youth  upon  being  sen- 
tenced to  said  school  shall,  within  five  days  after  such  sentence,  unless  the 
court  giving  such  sentence  shall  otherwise  order,  be  conveyed  to  said  Training 
School  by  the  sheriff  of  the  county  in  which  a  conviction  was  had  or  by  some 
other  suitable  person 'designated  by  the  court  giving  a  sentence  and  deliver 
into  the  custody  of  the  superintendent  of  said  school,  together  with  a  state- 
ment of  the  offense  for  which  such  boy  was  convicted,  also  his  name,  age, 
and  nativity,  and  a  copy  of  tHe  sentence  of  the  court.  (7113,  Eevised  Laws 
1910.) 

Section  407.  Same — Expenses  of — How  Paid:  The  expense  incurred  in 
the  transportation  of  a  boy  to  said  school  shall  be  paid  by. the  county  from 
which  he  is  committed,  and  the  officer  or  person  delivering  him,  upon  the 
presentation  of  his  sworn  statement  and  an  account  of  such  expense  and  the 
cost  in  any  case,  shall  be  paid  in  like  manner  upon  the  certificate  of  the  proper 
officer  of  the  court  in  which  he  was  convicted.  (7114,  Eevised  Laws  1910.) 

Section  408.  Inmates  to  Receive  Instruction:  The  inmates  of  said  school 
shall  receive  such  education  and  shall  be  instructed  in  such  branches  of  indus- 
try, agriculture,  mechanics  or  otherwise  as  the  board  from  time  to  time  shall 
determine.  For  the  purpose  of  reforming  such  inmates  and  benefitting  by  their 
usefulness  in  the  administration  of  the  institution,  the  board  may  introduce 
and  carry  on  any  branch  of  industry  that  they  think  conducive  to  this 
end.  (7115,  Eevised  Laws  1910.) 

Section  409.  Training  School  for  Negro  Boys:  There  is  hereby  estab- 
lished a  State  Training  School  for  delinquent  negro  boys,  to  be  located  on 
the  lands  belonging  to  the  state  in  Pittsburg  county,  near  McAlester,  on  which 
the  State  Penitentiary  is  located.  (Sec.  1,  H.  B.  447,  chap.  252,  L.  1915.) 

Section  410.  Government:  Said  training  school  shall  be  under  the  super- 
vision and  control  of  state  board  of  public  affairs,  and  said  board  may  em- 
plov  all  the  instructors,  teachers,  guards,  or  employees  that  may  be  required 
for" said  institution.  (Sec.  2,  H.  B.  447,  chap.  252,  L.  1915.) 

Section  411.  Same:  Said  training  school  shall  be  governed  in  all  re- 
spects by  the  provisions  of  article  7,  chapter  68,  Eevised  Laws  of  Oklahoma, 
]910  (Sees.  388-407  above)  so  far  as  applicable  and  not  repugnant  hereto. 
(Sec.  3,  H.  B.  447,  chap.  252,  L  1915.) 

Section  412  Not  Penitentiary  Convicts:  The  inmates  of  such  training 
school  shall  not  be  confined  in  the  penitentiary  or  required  to  work  or  asso- 
ciate with  the  convicts  confined  in  the  state  penitentiary,  but  shall  be  kept 
and  maintained  separate  from  such  convicts.  (Sec.  4,  H.  B.  447,  chap.  252, 
L.  1915.) 

79 


Section  413.  Transportation:  As  soon  as  the  said  board  has  made  suit- 
able provisions  for  the  custody  of  the  boy  eligible  for  admission  thereto,  such 
board  shall  arrange  for  the  transportation,  receiving  and  support  of  such  boys, 
and  give  notice  to  the  public  thereof.  (Sec.  5,  H.  B.  447,  chap.  252,  L.  1915.) 


ARTICLE  XXX. 
Child  Labor  Law. 


(Being  Art.  3,  Chap.  42,  Revised  Laws  of  Oklahoma  1910.) 
Section  414.  Restrictions  on  Employment  of  Children  Under  Fourteen: 
No  child  under  the  age  of  fourteen  years  shall  be  employed  or  permitted  to 
work  in  any  factory,  factory-workshop,  theater,  bowling  alley,  pool  hall,  or 
steam  laundry,  and  no  child  under  the  age  of  fifteen  years  shall  be  employed  or 
permitted  to  work  in  any  occupation  injurious  to  health  or  morals  or  especially 
hazardous  to  life  or  limb.  It  shall  be  the  duty  of  the  commissioner  of  labor 
upon  investigation  by  himself  or  the  agents  of  his  department,  or  upon  the 
complaint  of  the  commissioner  of  charities  and  corrections,  or  the  board  of 
health,  to  determine  what  occupations  are  injurious  to  health  or  morals  or 
especially  hazardous  to  life  or  limb,  and  to  notify  employers  in  such  occupa- 
tions of  his  decision,  which  decision  shall  be  final  until  such  occupation  or 
occupations  shall  be  defined  by  law,  as  safe  for  health,  morals,  life  and  limb. 
(3728.) 

Section  415.  Restriction  on  Employment  of  Children  Under  Sixteen:  No 
child  under  the  age  of  sixteen  years  shall  be  employed  or  permitted  to  work 
at  any  of  the  following  occupations:  Oiling  or  assisting  in  oiling,  operating, 
wiping  or  cleaning  any  dangerous  machinery,  or  adjusting  any  belt  to  any 
such  machinery,  while  in  motion;  operating,  or  assisting  in  operating,  circular 
or  band  saws,  steam  boilers,  steam  machinery,  or  other  steam  generating  ap- 
paratus, rolling-mill  machinery,  punches  or  shears,  washing,  grinding  or  mix- 
ing mills,  passenger  or  freight  elevators;  preparing  any  composition  in  which 
dangerous  or  poisonous  acids  are  used;  manufacture  of  paints,  colors  or  white 
lead;  where  there  are  acids,  dyes,  lyes,  gases,  glass  dust  or  other  dust  or  lint 
in  such  quantities  as  to  be  injurious  to  health;  dipping,  dyeing  or  packing 
matches,  manufacturing,  packing  or  storing  powder,  dynamite,  nitroglycerine 
compounds,  fuses  or  other  explosives;  manufacture  of  goods  for  immoral  pur- 
poses; nor  shall  females  under  the  age  of  sixteen  years,  be  employed  in  any 
capacity  where  such  employment  compels  them  to  remain  standing  constantly. 
(3729.) 

Section  416.  Girls  Not  to  Sell  Papers — Where:  No  girl  under  the  age  of 
sixteen  years  shall,  in  any  city,  sell,  or  expose  or  offer  for  sale,  newspapers, 
magazines  or  periodicals  in  any  street  or  out-of-doors  public  place.  (3730.) 

Section  417.  Educational  Qualifications  Required:  No  child  under  the 
age  of  sixteen  years  shall  be  employed  or  permitted  to  work  in  any  of  the 
occupations  specified  in  section  414  unless  such  child  is  able  to  read  and 
write  simple  sentences  in  the  English  language,  or  shall  have  attended  some 
school  during  the  preceding  year  for  the  time  that  attendance  is  compulsory 
under  the  laws.  (3731.) 

Section  418.  Hours  of  Employment — Seats  Required:  No  child  under 
the  age  or  sixteen  years  shall  be  employed  or  permitted  to  work  in  any  gainful 
occupation,  except  agriculture  or  domestic  service,  more  than  eight  hours  in 
any  one  day,  allowing  one  hour  each  day  for  noonday  meal  and  rest,  or  more 
than  forty-eight  hours  in  any  one  week.  During  the  time  that  a  child  is  at 
work  at  such  occupation,  the  employer  must  provide  suitable  seats  and  per- 
mit their  use  so  far  as  the  nature  of  the  work  allows.  (3732.) 

Section  419.  Night  Work  Prohibited:  No  boy  under  the  age  of  sixteen 
years  and  no  girl  under  the  age  of  eighteen  shall  be  employed  or  permitted 
to  work  in  any  of  the  occupations  mentioned  in  section  414  between  the  hours 
of  six  o'clock  p.  m.  and  seven  o'clock  a.  m.  (3733.) 

80 


Section  420.  Duties  of  Employers:  Before  any  child  under  the  age  of 
sixteen  years  shall  be  employed  in  any  occupation  specified  in  section  414,  it 
shall  be  the  duty  of  the  parent  or  guardian  of  such  child  to  procure  and  fur- 
nish the  employer  of  such  child  an  age  and  schooling  certificate  as  herein- 
after provided  in  this  article.  It  shall  be  the  duty  of  every  person,  firm  or 
corporation  owning  or  operating  any  of  the  establishments  specified  in  section 
414,  or  employers  in  such  occupations,  to  keep  on  file  for  the  inspection  of 
factory  inspectors,  truant  officers,  or  other  persons  charged  with  the  admin- 
istration of  this  article,  such  age  and  school  certificate  for  every  child  under 
sixteen  years  of  age  employed  in  such  occupation,  and  to  keep  on  file  and  to 
post  conspicuously  in  every  room  where  such  children  are  employed,  a  register; 
with  a  complete  list  of  children  under  sixteen  years  of  age  so  employed,  to- 
gether with  the  age  of  each  child  as  set  forth  in  the  age  and  schooling  cer- 
tificate opposite  the  name  of  such  child,  and  also  to  keep  on  file  and  to  post 
conspicuously  in  such  place  or  establishment,  in  such  form  as  the  factory 
inspector  may  prescribe,  the  time  of  opening  and  closing  of  such  factory  or 
other  establishment,  the  number  of  hours  of  labor  required  or  permitted  in 
such  establishment,  the  hours  of  commencing  and  stopping  work,  and  the 
time  allowed  for  meals,  and,  if  there  be  two  or  more  shifts  in  such  establish- 
ment, the  number  of  hours  in  each  shift  during  which  the  employes  are  re- 
quired or  permitted  to  work.  On  termination  of  the  employment  of  a  child 
so  registered,  and  whose  certificate  is  so  filed,  such  certificate  shall  be  forth- 
with surrendered  by  the  employer  to  the  child  or  its  parent,  guardian  or  cus- 
todian. (3734.) 

Section  421.  Evidence  of  Age  of  Child:  The  inspector  of  factories, 
truant  officer,  or  other  person  charged  with  the  administration  of  this  article, 
may  make  demand  on  an  employer  in  whose  factory  or  establishment  a  child 
apparently  under  the  age  of  sixteen  years  is  employed  or  permitted  or  suf- 
fered to  work,  and  whose  employment  certificate  is  not  then  filed  as  required 
by  section  420,  that  such  employer  shall  either  furnish  him,  within  ten  days, 
evidence  satisfactory  to  him  that  such  child  is  in  fact  over  sixteen  years  of 
age,  or  shall  cease  to  employ  or  permit  or  suffer  such  child  to  work  in  such 
factory  or  establishment.  Such  officer  may  require  from  such  employer  the 
same  evidence  of  age  of  such  child  as  is  required  on  the  issuance  of  an  employ- 
ment certificate;  and  the  employer  furnishing  such  evidence  shall  not  be 
required  to  furnish  any  further  evidence  of  the  age  of  the  child.  In  case 
such  employer  shall  fail  to  produce  and  deliver  to  such  officer,  within  ten 
days  after  such  demand,  such  evidence  of  age  herein  required  by  him,  and 
shall  thereafter  continue  to  employ  such  child  to  work  in  such  foctory  or 
establishment,  proof  of  the  giving  of  such  notice  and  of  such  failure  to  pro- 
duce and  file  such  evidence  shall  be  prima  facie  evidence  in  any  prosecution 
brought  for  violation  of  this  provision  of  this  article,  that  such  child  is 
under  sixteen  years  of  age  and  is  unlawfully  employed:  Provided,  that  the 
factory  inspector  or  deputy  inspectors  shall  have  the  power  to  demand  a  cer- 
tificate of  physical  fitness  from  some  licensed  physician  in  good  standing  in 
this  state  in  case  of  children  who  may  appear  to  him  physically  unable  to 
perform  the  labor  at  which  they  may  be  engaged,  and  shall  have  power  to 
prohibit  the  employment  of  any  minor  that  cannot  obtain  such  a  certificate. 
(3735.) 

Section  422.  Certificate  to  Be  Approved  by  Whom:  The  age  and  school 
ing  certificate  shall  be  approved  only  by  the  county  superintendent  of  public 
instruction  or  other  school  official  designated  by  him,  who  shall,  for  the  pur- 
pose of  this  article,  be  empowered  to  administer  an  oath.  (3736.) 

Section  423.  Evidence  Required:  The  age  and  schooling  certificate  shall 
not  be  approved  unless  satisfactory  evidence  is  furnished  by  the  last  school 
census,  or  certificate  of  birth,  or  the  register  of  the  city  or  county,  or  an 
affidavit  of  the  date  of  such  birth,  by  a  legally  registered  physician  re- 
siding therein,  stating  the  time  of  such  birth  of  such  child,  or  the  school  record 
of  such  child,  in  the  public  or  other  school,  setting  forth  the  age  of  such 
child:  Provided,  that  in  cases  where  such  evidence  cannot  be  obtained,  and 
the  child  appears  to  be  in  good  health,  and  of  normal  size,  of  not  less  than 
sixty  inches  in  height  and  weighing  not  less  than  eighty  pounds,  the  parents 
or  guardian  of  such  child  may  make  affidavit  stating  the  age,  place  and 
time  of  birth  of  such  child,  or,  if  the  child  shall  have  no  parents  or  guardian, 


such  affidavit  may  be  made  by  the  child.  The  affidavits  required  by  this 
section  must  be  taken  before  the  officer  issuing  the  employment  certificate, 
who  is  hereby  authorized  and  required  to  administer  such  oath,  and  who 
shall  not  demand  or  receive  a  fee  therefor.  The  employment  certificate  shall 
not  be  issued  until  such  child  has  further  personally  appeared  before  the 
officer  issuing  the  same  and  he  is  satisfied  that  such  child  is  physically  able 
to  perform  the  work  which  it  intends  to  do.  In  doubtful  cases  such  physical 
fitness  shall  be  determined  by  a  medical  officer  of  the  board  or  department  of 
health.  Every  employment  certificate  shall  be  signed,  in  the  presence  of  the 
officer  issuing  the  same,  by  the  child  in  whose  name  it  is  issued.  (3737.) 

Section  424.  Attendance  Certificate:  The  age  and  schooling  certificate 
shall  not  be  approved  until  the  parent  or  guardian  of  such  child  shall  present 
a  school  attendance  certificate  as  hereinafter  prescribed.  A  duplicate  of  such 
age  and  schooling  certificate  shall  be  filled  out  and  sent  by  the  school  officer, 
before  whom  the  same  is  made,  to  the  commissioner  of  labor.  The  blank  forms 
for  school  attendance  certificate  and  for  the  age  and  schooling  certificate  shall 
be  supplied  to  the  county  superintendents  of  public  instruction  by  the  state 
superintendent  of  public  instruction  as  hereinafter  indicated: 

SCHOOL  ATTENDANCE  CERTIFICATE. 

(Name    of    School) 

(City  and  County) 

(Date) 

This  certifies  that (Name  of  Child)   can  read  and 

write   simple   sentences  in   the   English   language    and    that   according   to   the 

records  of  this  school  and  in  my  belief  is  now 

(number  of  years  and  months)  old,  and  has  attended  school  during  the  full 
school  term  of  the  preceding  year. 

(Name  of  Parent  or  Guardian) 

(Residence) 

__  (Signature    of    Teacher) 

AGE  AND  SCHOOLING  CERTIFICATE. 
This  certifies  that  I  am (father,   mother  or  guardian)   of 

•> 

(name  of  child)  and  that  he  (or  she)  was  born  at 

(town  or  city) (county (state  or  country) 

on  the (day,  month  and  year  of  birth),  and  is  now 

(number  of  years  and  months  old.) 

(Signature  of  parent  or  guardian) 

(Date) 

(City  or  town  or  county) 

Personally  appeared  before  me  the  above  mentioned 

(name  of  person  signing)  and  made  oath  that  the  foregoing  certificate  is 
true  to  the  best  of  his  (or  her)  knowledge  and  belief. 

I  hereby  approve  the  foregoing  certificate  of (name  of  child) 

height (feet  and  inches),  weight (pounds),  complex- 
ion  (fair  or  dark),  hair (color),  eyes (color), 

having  no  sufficient  reason  to  doubt  that  he  (or  she)  is  of  the  age  therein 
certified. 


OWNER  OF  CERTIFICATE. 

This  certificate  belongs  to (name  of  child)    and  is   to  be 

surrendered  to  him  (or  her)  whenever  he  (or  she)  leaves  the  service  of  the 
employer  holding  the  same,  but  if  not  claimed  by  said  child  within  thirty 
days  after  leaving  said  service,  shall  be  sent  to  the  commissioner  of  labor. 


(Signature  of  officer,  with  name  of  city,  town  or  county  and  date.) 

(3738.) 

Section  425.  Children  Not  to  Be  Employed  Underground:  No  child  un- 
der the  age  of  sixteen  and  no  girl  or  woman  shall  be  employed  or  permitted 
to  work  underground  in  any  mine  or  quarry.  (3739.) 

Section  426.  Penalties  for  Violating  This  Article:  Any  person  violating 
any  of  the  provisions  of  .this  article  shall  be  punished  by  a  fine  of  not  less 
than  ten  dollars  nor  more  than  fifty  dollars,  or  imprisonment  for  not  less 
than  ten  nor  more  than  thirty  days,  or  both  such  fine  and  imprisonment.  It 
shall  be  the  duty  of  the  commissioner  of  labor  to  see  that  the  provisions 
of  this  article  are  enforced  with  the  exception  of  section  425,  which  shall  be 
enforced  by  the  mine  inspector  or  under  his  direction.  (3742.) 


AMENDMENT  TO  THE  CONSTITUTION. 
State  Question  Number  57. 


The  following  amendment  to  the  constitution  was  submitted  by  the  last 
legislature  and  ratified  by  the  people  at  the  election  held  August  5,  1913,  the 
section -to  be  known  as  section  12a  of  art.  10: 

"All  taxes  collected  for  the  maintenance  of  the  common  schools  of  this 
state,  and  which  are  levied  upon  the  property  of  any  railroad  company,  pipe 
line  company,  telegraph  company,  or  upon  the  property  of  any  public  service 
corporation  which  operates  in  more  than  one  county  in  this  state,  shall  be 
paid  into  the  common  school  fund  and  distributed  as  are  other  common  school 
funds  of  the  state." 


83 


ARTICLE  XXXI. 

Sinking  Funds. 


Section  427.     Treasurer   Shall   Deposit   Sinking  Funds   at  Interest:     The 

county  treasurer,  treasurers  of  cities,  towns,  boards  of  education  and  town- 
ship boards,  shall  each  day  hereafter  make  a  deposit  of  all  uninvested  sink- 
ing fund  moneys  in  their  hands  in  banks  designated  by  the  board  of  county 
commissioners  as  county  depositories,  and  furnishing  the  security  now  re- 
quired by  law,  at  not  less  than  four  per  cent  interest  per  annum  on  daily  bal- 
ances. (Sec.  1,  S.  B.  130,  chap.  94,  L.  1915.) 

Section  428.  Interest  on  Sinking  Funds  to  Be  Apportioned:  The  county 
treasurer  shall,  on  the  30th  day  of  June  and  December  of  each  year,  appor- 
tion and  place  to  the  credit'  of  the  sinking  fund  account  of  the  various  school 
districts  of  the  county,  all  interest  collected  from  the  deposits  of  the  unin- 
vested school  district  sinking  fund  money,  as  provided  in  section.  427  above, 
and  all  interest  loaned  and  collected  upon  such  school  district  sinking  fund 
money  from  every  source  whatsoever;  provided,  the  amount  so  accredited  to 
the  sinking  fund  account  of  each  district  shall  bear  the  same  ratio  to  the 
whole  amount  so  collected  as  the  amount  to  the  credit  of  the  sinking  fund 
account  of  such  district  bears  to  the  whole  amount  credited  to  the  sinking 
fund  account  of  all  the  school  districts  of  the  county;  and,  provided  further, 
that  the  county  treasurers,  treasurers  of  cities,  towns,  boards,  shall  place 
all  interest  by  them  collected  and  arising  from  the  sinking  funds  to  the 
credit  of  the  sinking  fund  account  of  such  municipality.  (Sec.  2,  S.  B.  130, 
chap.  94,  L.  1915.) 


APPENDIX 
APPENDIX  A. 


Notice — The  rules  and  regulations  herein  contained  shall  super- 
sede all  former  rules  and  regulations  governing  the  issuing  of  state 
certificates  in  the  State  of  Oklahoma. 

Rules  and  Regulations  for  Oklahoma  State  Certificates. 
Kinds  of  State  Certificates. 

The  following  classes  of  state  certificates  shall  be  issued  by  the  state  board 
of  education  and  shall  be  valid  to  teach  in  the  following  specified  grades: 

Primary  Certificates,  authorizing  the  holder  to  teach  in  the  primary  grades 
(first  to  fourth  inclusive),  of  any  public  school  in  the  state. 

Grammar  Grade  Certificate,  authorizing  the  holder  thereof  to  teach  in  all 
rural  schools,  the  primary  grades,  and  grammar  grades  (fifth  to  eighth  inclu- 
sive) of  any  city  in  the  state. 

General  High  School  Certificate,  authorizing  the  holder  thereof  to  teach 
in  the  primary,  grammar  grades  and  high  schools, of  the  state. 

Certificate  to  Teach  or  Supervise  in  Special  Subjects  may  be  granted  to  an 
applicant  presenting  proof  of  graduation  from  the  department  of  special 
work  for  which  certificate  is  required,  provided  such  school  and  department 
'shall  be  approved  by  the  state  board  of  education;  provided  further,  that 
such  applicant  shall  pass  the  examination  in  special  and  professional  sub- 
jects. (See  requirements  for  state  certificates  by  examination,  1,  "  d  ".) 

84 


Normal  School  Certificate:  Anyone  not  less  than  eighteen  years  of  age 
who  has  finished  the  first  four  years7  work  of  the  state  normal  schools  of 
Oklahoma,  and  has  had  regular  courses  in  psychology,  school  management 
and  observation,  may  be  granted  a  certificate  by  the  state  board  of  educa- 
tion good  for  two  years,  of  equal  standing  with  a  first  grade  county  certificate, 
after  such  certificate  has  been  registered  with  the  county  superintendent 
of  the  county  in  which  the  holder  desires  to  teach.  Such  certificate  shall 
not  be  subject  to  renewal  and  the  grades  shall  not  be  transferred  to  any  other 
state  certificate. 

State  University  Certificate:  A  person  who  has  finished  the  first  two 
years'  work  of  the  State  University  of  Oklahoma  and  has  had  regular  courses 
in  psychology  and  education  may  be  granted  a  certificate  by  the  state  board 
of  education,  valid  for  two  years,  of  equal  standing  with  a  first  grade  county 
certificate,  after  such  certificate  has  been  registered  with  the  county  superin- 
tendent of  the  county  in  which  the  holder  desires  to  teach.  Such  certificate 
shall  not  be  subject  to  renewal. 

University  Preparatory  School  Certificate:  A  regular  graduate  of  one 
of  the  university  preparatory  schools  may  be  granted  a  certificate  valid  for 
two  years  on  the  same  basis  as  those  who  have  completed  four  years  of  work 
in  the  state  normal  schools;  provided  such  graduate  has  completed  the  follow- 
ing professional  studies:  Elementary  psychology,  theory  and  practice  of  teach- 
ing, history  of  education  and  one  year  o'f  observational  work. 

NOTE — The  above  named  certificates  shall  be  valid  in  all  rural  schools 
and  in  all  towns  except  independent  districts  when  they  have  been  registered 
with  the  county  superintendent  of  the  county  in  which  the  rural  school  or 
town  is  situated,  and  they  should  be  valid  in  independent  districts  subject  to 
the  additional  requirements  of  the  examining  boards  of  said  districts  when 
registered  with  the  clerk  of  the  board  of  education  of  such  independent  dis- 
tricts. 

Rural  School  Certificate:  Upon  completion  of  the  rural  teachers'  certifi- 
cate course,  including  four  full  years'  work  above  the  eighth  grade,  at  least 
one  year's  work  being  done  in  residence,  in  any  one  of  the  state  normal 
schools,  a  rural  school  certificate  good  for  three  years  will  be  issued.  This  cer- 
tificate is  good  anywhere  in  the  state  for  a  period  of  three  years,  at  the 
expiration  of  which  period  it  may  be  renewed  for  the  original  period,  provided 
the  holder  has  during  its  life  attended  a  state  normal  school  at  least  one  full 
-term.  Upon  the  same  conditions  the  certificate  may  be  renewed  at  each  ex- 
piration until  a  life  certificate  has  been  secured  by  graduating  from  the 
normal  school. 

Institute  Conductors'  and  Instructors'  Certificates,  authorizing  the  holder 
thereof  to  conduct  or  instruct  in  county  institutes. 

General  Requirements. 

1.  No  person  who  has  not  attained  the  age  of  twenty-one  years  shall  be 
granted  a  regular  state  certificate  except  a  normal  school  graduate  or  a  stu- 
dent in  an  Oklahoma  institution  who  has  completed  the  woifc  required  for  a 
normal   school,   university,   university   preparatory   school    or  rural   school   cer- 
tificate.    An  applicant  for  a  state  certificate  must  be  a  resident  of  the  state 
or   must   be    elected   to   a   position  in    Oklahoma   before    a   certificate   will   be 
granted. 

2.  Application   for  a  state   certificate   for   a 'graduate,   either   regular   or 
special,  must  be  accompanied  by  a  recommendation  from  the  president  of  the 
institution   from   which   the   applicant   graduated   and   from   the   head   of   the 
department  in  which  the  applicant  specialized.     The  applicant  must  present  a 
record  of  the  work  done  in  the  institutiton  from  which  he  graduated  upon  a 
blank  furnished  by  the  state  board  of  education  and  signed  by  the  registrar  of 
such  school. 

3.  An  applicant  for  a  state  certificate  by  complete  examination  or  upon 
a  certificate  from  another  state,  shall  file  proof  of  at  least  two  years  of  suc- 

85 


cessful  experience  in  the  same  character  or  grade  of  work  for  which  the  cer- 
tificate is  sought,  and  must  file  a  statement  from  the  county  superintendent 
or  the  city  superintendent  of  the  county  or  city  in  which  he  has  taught  to 
the  effect  that  his  work  has  been  satisfactory  during  the  tenure  of  his  certifi- 
cate. 

4.  All   applications  for  state   certificates,   or   for  renewal   of   certificates, 
must   be   filed   with    the    secretary   of   the   state   board   of   education    at   least 
thirty  days  prior  to  the  date  of  the  examination. 

5.  All  inquiries  concerning  state  certificates  and  applications  for  certifi- 
cates should  be   addressed  to  the  secretary  of  the  state  board   of   education, 
Oklahoma  City,  Oklahoma. 

6.  Eegular  examinations  for  state  certificates  except  institute  conductor's 
and  instructor's  certificates,  will  be  given  the  last  Thursday,  Friday  and  Satur- 
day in  May  at  the  following  named  places:     The  University  of  Oklahoma  at 
Norman;    Central   State  Normal   School,   Edmond;    Northeastern   State   Normal 
School  at  Tahlequah;  Southeastern  State  Normal  School  at  Durant;  East  Cen- 
tral State  Normal  School  at  Ada;  Northwestern  State  Normal  School  at  Alva; 
Southwestern    State    Normal    School    at    Weatherford;    Agricultural    and    Me- 
chanical  College   at    Stillwater;    University   Preparatory   School   at    Tonkawa; 
Eastern  University  Preparatory  School  at  Claremore;   Panhandle  Agricultural 
Institute   at   Goodwell,   and   the   Colored   Agricultural   and   Normal   University 
at    Langston.      Teachers   desiring   to    take    the    state    examination    must    give 
written   notice   to   the   president   of   the   institution   in   which   they   expect   to 
take  the  examination  at  least  fifteen  days  before  the  date  set  for  examina- 
ion.     Examinations  for  institute  conductor's  and  instructor's  certificates  will 
be  held  in  the  office  of  each  county  superintendent  in  the  state  on  the  last 
Saturday  of  January  each  year.     No  special  examination  will  be  given  after 
this  date. 

7.  All  state  certificates  issued  by  the  state  board  of  education  and  all 
normal   school    diplomas    must   be   registered    with    the    county    superintendent 
of  the  county  where  the  holder  teaches,  or  with  the  clerk  of  the  board  of  edu- 
cation,  if  the   holder   teaches   in   an    independent    district.      The    document  is 
not  valid  as  a  certificate  until  it  is  registered  according  to  the  above  provisions. 

8.  A  state  certificate  shall  expire  when  the  holder  thereof  has  been  out 
of  school  work  for  a  period  of  two  years,  and  has  been  a  non-resident  of  the 
state  for  a  period  of  one  year,  unless  his  absence  from  the  state  is  caused  by 
attending  school  in  some  other  state.    A  lapsed  certificate  may  be  renewed  upon 
satisfactory  evidence   being  presented   to   the  state   board    of   education   that 
the  holder  thereof  is  worthy  of  such  renewal. 

9.  Any  certificate  issued  by  the  state  board  of  education  may  be  revoked 
on  the  grounds  of  immorality,  gross  neglect   of  duty,   annulling  written   con- 
tracts with  boards  of  education  and  district  boards  without  the  consent  of  a 
majority  of  the  board,  which   is   a  party   to   the   contract,   or   for   any   cause 
that  would  have  justified  the  withholding  thereof  when  the  same  was  granted. 

Requirements   for   State   Certificates   by   Examination. 
Public  Schools. 

1.     To  be  entitled  to  a  two-year  renewable  certificate,  the  candidate  must 
pass  a  satisfactory  examination  in  the  following  branches: 

(a)  For  a  Primary  Certificate:     Agriculture,  arithmetic,  domestic  science, 
drawing,  geography,  history  of  education,  history  and  civics  of  Oklahoma,  hy- 
giene and  school  sanitation,  language,  music,  nature  study,  orthography,  pen- 
manship,   physical    training,    primary    methods,    primary    reading,    psychology, 
school  laws  of  Oklahoma,  school  management. 

(b)  For  a  Grammar  Grade  Certificate:     Agriculture,  elementary  algebra, 
arithmetic,     bookkeeping,    civil    government,    composition,    domestic    economy, 
drawing,  English  literature,  American  literature,  English  grammar,  geography, 
general  history,  history  of  education,  United  States  history,  history  and  civics 
of  Oklahoma,  music,  methods  and  management,  penmanship,  physiology,  physi- 
ography, psychology,  physics,  reading,  school  laws  of  Oklahoma,  spelling. 

86 


(c)  For  a  High  School  Certificate:     All  subjects  required  for  the  gram- 
mar  grade    certificates   and   the   following   in    addition   thereto:      High    school 
algebra,  botany,   chemistry,   plane   geometry,    solid  geometry,   English   history, 
Latin  or  German,  philosophy  of  education,  political  economy,  biology. 

(d)  For  Special  High  School  Certificate:     Agriculture,  domestic  economy, 
Oklahoma  history  and  civics,  pedagogy,  psychology,  history  of  education,  school 
laws   of  Oklahoma.     The   applicant   for  this   certificate  must  present  proof   of 
graduation  from  the  department  of  special  work  for  which  the  certificate  is 
required,  with   standing  in  the   special   subjects   certified  by  the   registrar   of 
the  school. 

2.  Applicants  for  the  two-year  renewable   certificates  must  have  taught 
two  years  and  must  produce  satisfactory  testimonials  from  reputable  persons 
in  regard  to  moral  character  and  professional  standing. 

3.  An  average  standing  of  ninety  per  centum  with  not  less  than  seventy- 
five   per    centum    in    any    subject    will    be    required    for    all    state    certificates. 
Grades  of  the  required  standing  (ninety  per  centum)  may  be  carried  for  two 
years. 

4.  At  the  expiration  of  this  certificate  the  holder  will  be  granted  a  five- 
year   certificate  upon   furnishing  satisfactory   evidence   of   having  taught   suc- 
cessfully at  least  forty  weeks  during  the  tenure  of  the  certificates. 

Normal  Institutes. 

(a)  For   Instructor's    Certificate:     Examination    for    instructor's    certifi- 
cate will  be  given   in  rhetoric   and   composition,   American  literature,   English 
literature,   history    of    education,    psychology,    methods    and    management,    the 
last  Saturday  in  January  at  the   office  of  the   county   superintendent  in   the 
several  counties.     An  applicant  for  an  instructor's  certificate  must  be  twenty- 
three   years   of   age,   the   holder   of   at   least    a  first    grade   county   certificate, 
and  must  have  had  at  least  three  years  of  successful  experience  as  a  teacher. 

(b)  For  Conductor's  Certificate:     For   a  conductor's   certificate  the   ap- 
plicant must  be  examined  in  the  required  branches  for  an  instructor's  certifi- 
cate  and  in   philosophy   of   education    and    Oklahoma   school   law.      Applicants 
for  conductor's  certificates  must  have  instructed  in  at  least  one  institute  pre- 
ceding the  date  of  application,  shall  have  attained  the  age  of  twenty-five,  and 
shall  have  taught  five  years  successfully. 

Applicants  for  institute  certificates  by  examination  must  make  a  general 
average  of  ninety  per  centum,  with  no  grade  below  seventy-five  per  centum. 

Requirements  for  State  Certificates.  Upon  Credentials. 

(a)  Graduates  of  the  arts  and  science  course  of  any  accredited  institu- 
tion of  learning  of  Oklahoma  or  of  other  states,  who  have  completed  a  course 
of   study   which   shall   have   included   the   subjects   required   for   the   teacher's 
diploma  of  the  University  of  Oklahoma,   as   approved  by  the   state  board   of 
education,    will   be    granted    a    general    high    school    certificate    valid    for    five 
years.      At    the    expiration    of   that    certificate   the    holder    will   be    granted    a 
renewal   for    a   like   period   upon    furnishing    satisfactory    evidence    of    having 
taught  successfully  at  least  three  years  out  of  five. 

(b)  Graduates    of    the    normal    courses    of    colleges    of    this    state    or    of 
other  states  accredited  by  the  state  board  of  education  and  graduates  of  ac- 
credited normal  schools  of  other  states  who  have  had  at  least  forty  weeks  of 
successful  experience  in  teaching  may  secure  a  five-year  state  certificate  of  the 
kind  justified  by  their  credits  by  passing  a  state  examination  in  all  subjects 
required  for  an  Oklahoma  state  certificate  in  which  they  do  not  furnish  credit 
from   the   institution   from   which   they   graduated.      The   applicants'    entrance 
grades    accepted    by   an    accredited    institution    will    be    accepted    towards    an 
Oklahoma  certificate.     Provided,  that  the  state  board  of  education  may  waive 
the  required  teaching  experience  if  applicant  is  a  graduate  of  at  least   a  two-year 
normal  college  course  in  an  accredited  state  normal  and  has  completed  thirty- 

87 


six  weeks  of  practice  teaching  and  observation  and  furnishes  recommendations 
of  superior  ability  as  a  teacher  from  the  supervising  critic  teacher  and  the 
head  of  the  training  department  and  the  president  of  the  institution. 

(c)  Graduates  of  any  four-year  college  course  of  study  in  the  state  uni- 
versity  or   the   state   agricultural   college,   or   of   any   approved   four-year   col- 
legiate  course  in  accredited  institutions  of  learning,  who   have   had   at  least 
forty  weeks  of  experience  in  teaching  may  be  granted  a  state  certificate  upon 
passing  the  state  examination  in  history  of  education,  philosophy  of  education, 
methods  and  management,  psychology,  Oklahoma  school  laws,  agriculture,  do- 
mestic science,  Oklahoma  history  and  civics. 

(d)  Persons   holding   state   certificates   from   other   states   where   the    re- 
quirements  for   certificates   represent   the   same  standard   as   to   quantity   and 
quality  of  scholarship,  who  have  had  at  least  forty  weeks   of  successful  ex- 
perience in  teaching,   may  be  granted  state   certificates   of  the   kind  justified 
by  their  grades;   provided,   such  applicants   shall  pass  an   examination   in   all 
branches  required  for  the  Oklahoma  state   certificate  which  are  not  required 
in  the  state  in  which  the  certificate  was  issued,  or  shall  present  from  an  ap- 
proved  college   or  state   normal   school  satisfactory  proof  to   the   state   board 
of  education  of  proficiency  in  such  branches. 

(e)  Certificates  to  teach  or  supervise  in  special  subjects  may  be  granted 
to  applicants  presenting  proof  of  graduation  from  the  department  of  special 
work  for  which  the  certificate  is  required,  provided  such  school   and   depart- 
ment shall  be  approved  by  the  state  board  of  education;  provided  further,  that 
such  applicant  shall  pass  the  examination  in  the  special  and  professional  sub- 
jects  enumerated   in    the   requirements   for   state    certificates   by   examination 
(1,  d). 

(f)  Institute  certificates  may  be  issued  upon  recommendation  to  persons 
whose  professional  fitness  for  institute  work  entitles  them  to  recognition  by 
the  state  board  of  education,  and  who  shall  be  the  holders  of  state  certificates, 
or  of  normal   school   diplomas,   or   shall,  because   of   eminent  professional   ex- 
perience and  ability  in  educational  work,  be  entitled  to  the  granting  of  such 
certificates. 

An  applicant  for  a  state  certificate  upon  credentials,  as  provided  in  the 
foregoing  requirements,  will,  upon  the  acceptance  of  such  credentials,  be 
granted  a  temporary  state  certificate  valid  for  one  year,  during  the  tenure 
of  which  certificate  additional  requirements  may  be  completed.  At  the  ex- 
piration of  the  temporary  certificate  the  applicant  shall  present  to  the  state 
board  of  education  a  statement  from  the  county  superintendent,  or  from  the 
city  superintendent  of  the  city  employing  a  city  superintendent,  or  from  the 
has  been  satisfactory  during  the  tenure  of  the  certificate. 

General  Information, 

Graduates  of  accredited  normal  schools,  colleges  and  universities,  apply- 
ing for  state  teacher's  certificates,  shall  be  required  to  submit  to  the  state 
board  of  education,  on  blank  forms  furnished  by  it,  a  detailed  record  show- 
ing the  amount  and  kind  of  preparatory,  collegiate  and  professional  work  com- 
pleted, and  that  the  requirements  of  the  state  board  of  education  have  been 
complied  with. 

The  state  board  of  education  does  not  interpret  the  foregoing  rules  in 
regard  to  the  acceptance  of  credentials  from  an  accredited  institution  to  bind 
the  board  to  the  acceptance  of  all  credentials.  Each  case  will  be  considered 
on  its  merits. 

Credits  will  not  be  accepted  from  schools  or  colleges  in  other  states  if 
the  state  in  which  the  school  is  located  does  not  a-ccept  such  credits  on  a 
state  certificate. 

Grades  from  county  certificates,  city  certificates,  or  expired  state  certifi- 
cates will  not  be  accepted  in  lieu  of  those  required  for  a  state  certificate. 
Grades  from  the  Oklahoma  state  schools  or  accredited  schools  in  other  states 
will  not  be  accepted  unless  the  applicant  is  a  graduate,  except  for  certificates 
as  may  be  issued  under  the  foregoing  rules  to  students  of  the  Oklahoma  nor- 
mals and  the  University  of  Oklahoma,  who  have  met  the  requirements  of 
the  state  board  of  education  for  such  certificates. 

88 


No  fee  is  required  for  state  certificates.  Applicants  by  examination  are 
expected  to  pay  the  expense  of  forwarding  tlieir  papers  to  the  state  depart- 
ment. 

Application  blanks  for  state  certificates  are  furnished  by  the  state  board 
of  education,  and  must  be  filled  out  accurately  before  they  will  be  accepted. 
Carelessness  in  this  respect  will  be  sufficient  cause  for  rejecting  the  applica- 
tion. 

Failure  on  the  part  of  a  teacher  to  keep  up  his  professional  work  will  be 
considered  cause  for  cancelling  his  certificate. 

The  state  board  of  education  strongly  recommends  that  the  additional  re- 
quirements of  those  teachers  receiving  state  certificates  upon  credentials  be 
made  by  doing  credit  work  at  one  of  the  state  schools  of  Oklahoma. 

Accredited  Institutions. 

1.  Any  institution  of  learning  in   Oklahoma  or   other   states   desiring   to 
be  accredited  by  the  state  board  of  education  shall  submit  a  full  outline  of  its 
course  of  study,  together  with  a  definite  statement   of  the  standard  required 
for  admission,  of  the  amount  of  time  given  to  every  subject,  of  the  scope  of 
work  and  the  text  used  in  each,  of  the  maximum  number  of  hours  a  student  is 
permitted  to   carry,   of  the  amount   of  laboratory  work  required,   and   of  the 
proficiency  demanded  in  final  examination.     If,  in  the  judgment  of  the  board, 
the  course  meets  the  requirements,  the  institution  shall  be  placed  on  the  ac- 
credited list.     The  application  must  be  complete  and  must  be  accompanied  by 
a  late   catalog  of  the  school  with   the  fullest  possible  information   as  to   the 
school's  professional  library  and  other  equipment  which  bears  especially  upon 
the  subject  of  teaching. 

2.  An   accredited   college  or  university  whose   graduates   are   entitled  to 
state   certificates   under  the   foregoing  regulations   must  be   an   institution    of 
higher  learning  recognized  as  a  standard  college  of  liberal  arts,  requiring  the 
completion   of   a  four-year   secondary   course   above   the   eighth   grade   for   en- 
trance and  maintaining  a  four-year  course  thereafter  for  graduation,  with  a 
faculty  properly  qualified,   and  possessing  adequate  equipment   and  means   of 
support  and  maintaining  at   least  seven   separate   departments   or   chairs.     In 
case  the  pedagogical  work  of  the  institution  is  to  be  accepted  without  exami- 
nation,  the   college   must  maintain  at  least   eight   chairs,   one  of  which   must 
be  devoted  exclusively  to.  education  or  at  most  to  psychology  and  education 
and  shall  maintain  a  pedagogical  library  having  standard  works  and  period- 
icals on  psychology  and  education.     The  minimum  amount  of  pedagogical  work 
in  any  fully  accredited  college  which  will  be  accepted  by  the  state  board  of 
education  shall  be  equivalent  to  the  requirements  for  the  teacher's   diploma 
of  the  University  of  Oklahoma. 

3.  An  accredited  normal  school   or  teachers'   college  shall  meet  the  fol- 
lowing requirements: 

(a)  There  must  be  five  or  more  teachers  who  shall  be  graduates  of  stand- 
ard normal  schools,  standard  colleges  or  universities  doing  graduate  work,  de- 
voting their  time  exclusively  to  the  work  of  the  normal  courses. 

(b)  For   entrance,   four   years   work    above   the    eighth   grade    in   an    ap- 
proved four-year  high  school  or  its  undoubted  equivalent. 

(c)  For    graduation    therefrom,    a    minimum    requirement    of    two    years 
additional   work,  including  a   thorough   review   of   the   common   branches  and 
training  in  the  practice  school. 

(d)  The  maintenance  of  a  well  equipped  training  school  for  observation 
and  practice,  such  school  to  cover  work  in  the  eight  elementary  grades,  ade- 
quate laboratory  facilities  for  teaching  the  various  sciences  offered,  a  library 
of  at  least  2,500  volumes,  rich  in  standard  books  on  educational  subjects,  edu- 
cational reports  and  journals. 

4.  An  accredited  normal  department  of  a  college  that  does  not  meet  the 
requirements  of  a  standard  college  must  fulfill  the  following  conditions: 

(a)  The  work  of  such  normal  department  must  be  in  charge  of  a  com- 
petent director,  who  shall  organize  and  manage  the  work  of  the  department. 
The  teachers  in  the  normal  department  must  meet  the  same  general  requir- 
ments  as  teachers  in  normal  schools. 

89 


(b)  The  requirements  of  normal  schools,  such  as  admission  of  students, 
standard  of  work,  laboratory  and  library  equipment,  training  school,  etc.,  ap- 
ply without  change  to  normal  departments. 

(c)  A  sufficient  annual  income  for  maintaining  the  department  in  a  man- 
ner satisfactory  to  the  state  board  of  education  must  be  provided. 

5  Institutions  specializing  in  such  branches  of  study  as  music,  manual 
training,  domestic  science  and  art  whose  entrance  requirements,  courses,  fac- 
ulty and  equipment  meet  the  approval  of  the  state  board  of  education  may  be 
placed  on  the  accredited  list  and  the  graduates  of  such  special  courses  be 
entitled  to  credit  toward's  special  certificates. 

6.  The  Oklahoma  state  board  of  education  has  accredited  all  state  uni- 
versities, normal  schools  and  normal  training  departments  meeting  the  re- 
quirements of  sections  2,  3,  4  and  5,  and  the  schools  of  college  rank  of  the 
North  Central  Association  of  Colleges  and  Secondary  Schools.  Information 
regarding  the  standing  of  any  institution  may  be  secured  by  addressing  the 
secretary  of  the  state  board  of  education,  Oklahoma  City,  Oklahoma. 


APPENDIX  B. 


TEXTBOOKS. 

Adopted  for  Use  in  the  Common  Schools  of  Oklahoma  for  a  Five 
Year  Period,  Beginning  August  1,  1914. 


TO  TEACHEES  AND  SCHOOL  OFFICEES: 

The  following  is  a  list  of  the  text-books,  charts,  maps,  globes  and  appar- 
atus adopted,  or  approved,  by  the  state  board  of  education  for  basal  and  sup- 
plementary use  in  the  common  schools  of  the  state  of  Oklahoma,  for  a  period 
of  five  years  beginning  August  1,  1914. 

The  retail  price,  with  the  exchange  price  which  continues  in  effect  for 
one  year  from  the  date  when  the  contract  becomes  effective,  is  indicated,  to- 
gether with  the  names  and  addresses  of  the  companies  publishing  the  books, 
charts,  globes,  maps  and  apparatus  adopted  or  approved. 

Publishers  are  held  responsible  for  the  distribution  of  their  respective 
books  throughout  the  state.  Any  failure  on  their  part  to  make4  proper  distribu- 
tion or  exchange  should  be  reported  at  once  to  this  office. 

Information  concerning  the  use  of  these  books  is  contained  in  the  course 
of  study  for  the  common  schools,  which  may  be  obtained  from  The  Warden 
Company,  of  Oklahoma  City,  Okla.  Eespectively, 

E.  H.  WILSON, 
State  Superintendent  of  Schools. 

COMMON  SCHOOL  LIST. 
1.  AGRICULTURAL. 

Basic,  Price 

(Ginn  &  Co.,  Dallas,  Texas.)  Eetail         Exch. 

Burkett,  Stevens  &  Hill's  Agriculture  for  Beginners $     .60         $     .30 

Supplementary. 

(Ferguson  Publ,  Co.,  Sherman,   Texas.) 
Ferguson  &  Lewis'  Principles  of  Agriculture .60 

2.  ARITHMETIC. 

Basic. 
(Lyons  &  Carnahan,  Chicago,  111.) 

Piimary  Number   Book .28  .14 

(American  Book  Co.,  Chicago,  111.) 

Hamilton's  Elementary    Arithmetic .32 

Hamilton's  Practical    Arithmetic .40 

90 


Supplementary.  Price 

(Minnie  E.  Puntenney,  Oklahoma  City,  Okla.)  Eetail         Exch. 

Puntenney 's  Two  Years  Work  in  Numbers $  .26 

(Lyons  &  Carnahan,  Chicago,  111.) 

Modern    Elementary   Arithmetic • 25.  $  .13 

Modern    Advanced    Arithmetic .40  .20 

3.  CIVIL  GOVERNMENT. 

Basic. 

(Benj.  H.  Sanborn  &  Co.,  Chicago,  111.) 
Eeinch  's  Civil  Government  with  Oklahoma  History  and  Civics 

by   Roberts    .80  .40 

Supplementary. 

(Warden  Company,  Oklahoma  City,  Okla.) 
History  of  Oklahoma  and  Government  by  Thoburn  &  Holcomb 

&    Barrett    .60  .30 

4.  DRAWING. 
Basic. 

(Atkinson,  Mentzer  &  Co.,  Chicago.) 

Applied  Arts  Drawing  Books,  One  to  Four,  inclusive .15 

Applied  Arts  Drawing  Books,  Five  to  Eight,  inclusive .20 

(For  rural  and  city  schools.) 

5.  DICTIONARIES. 
Webster's  (American  Book  Co.,  Chicago,  111.) 

Primary    Dictionary .44 

Shorter    School   Dictionary .54 

Common  School  Dictionary .65 

Elementary  School  Dictionary .81 

High  School  Dictionary .88 

Academic    Dictionary 1.35 

Webster's  (Jasper  Sipes  Co.,  Oklahoma  City.) 

New   International   Dictionary    (with  index) 10.80 

Collegiate  Dictionary   (sheep  binding) 3.40 

Collegiate   Dictionary    (cloth   binding) 2.55 

6.  GEOGRAPHY. 
(Ginn  &  Co.,  Dallas,  Texas.) 

Frye's  First  Course  in  Geography .40  .20 

Frye's    Higher    Geography .88  .44 

7.     GRAMMAR. 
(Warden  Company,  Oklahoma  City.) 

Winterburn's   Graded  Lessons  in  Language,  Book  One .40  .20 

(Row,  Peterson  &  Co.,  Chicago,  111.) 
Essential  Studies  in   English,  Book   Two,  by  Robbins   &   Row, 

with  Practical  English,  Part  One,  by  Scott .55  .27 

8.  HISTORY. 

Basic. 
(Southern  Publ.  Co.,  Dallas,  Texas.) 

Beginner's  History  of  Our   Country .40  .20 

(Benj.  H.  Sanborn  &  Co.,  Chicago,  111.) 

Evan's  Essential  Facts  of  American  History .70  .35 

Supplementary. 
(Warden  Company,  Oklahoma  City.) 

Elementary  History   of  the  United  States .40  .20 

9.  MUSIC. 

(American  Book  Co.,  Chicago,  111.) 
Eleanor  Smith's  Music  Course: 

Primer    .23  .11 

Book  One .23  .11 

Book   Two    .27  .13 

Book  Three   .36  .18 

Book  Four .45  .22 

Manual     .45 

Aiken''s  Music  Course  (for  rural  schools)  1  book .45  .22 


10.  PHYSIOLOGY.  Price 

(World  Book  Co.,  Yonkers,  N.  Y.)  Eetail         Exch. 

Eitchie-Cal dwell  Primer  of  Hygiene $  .30  $  .15 

Eitchie-Caldwell  Primer  of  Sanitation  and  Physiology .60  .30 

11.     READERS. 

Basic. 
(D.  C.  Heath  &  Co.,  Chicago,  111.) 

Heath's    First    Header .18  .09 

Heath's  Second  Reader .27  .13 

(Chas.  E.  Merrill  Co.,  New  York.) 

Graded  Literature   Third  Eeader .32  .16 

Graded  Literature  Fourth  Eeader,  enlarged  edition .40  .20 

Graded  Literature  Fifth  Eeader,  enlarged  edition .40  .20 

(Rand,  McNally  &  Co.,  Chicago.  111.) 

Curry's  Literary  Eeader   (for  7th  and  8th  grades) .60 

Supplementary. 
(B.  F.  Johnson  Publ.  Co.,  Eichmond,  Va.) 

Haliburton's  Playmates,  a  Primer .18 

Carnefix  Primer  (adopted  as  chart) .08 

(Minnie  E.  Puntenney,  Oklahoma  City.) 

Puntenney's  Forget-Me-Not  Primer .25 

(Eand,  McNally  &  Co.,  Chicago,  111.) 

Holton    Primer .19 

(D.  C.  Heath  &  Co.,  Chicago,  111.) 

Heath   Primer .18  .09 

(Bobbs-Merrill  Co.,  Indianapolis,  Ind.) 
Child  Classics: 

Primer    .15 

First  Eeader .25 

Second    Eeader .30 

Third    Eeader .35 

Fourth    Eeader .40 

Fifth   Eeader .50 

(Scott,  Foresman  &  Co.,  Chicago,  111.) 
Elson's  Grammar  School  Eeaders: 

Book    Two .44 

Book   Three .52 

Book    Four .52 

(American  Book  Co.,  Chicago,  111.) 

Carpenter's  Geographical  and  Industrial  Eeaders  (for  use  of 
teachers  and  libraries) : 

North  America .54 

South  America .54 

Asia  .54 

Australia    .54 

Africa   -• .54 

Europe    .63 

How  the  World  Is  Fed .54 

How  the  World  Is  Clothed .54 

How  the  World  Is  Housed .54 

12.     PENMANSHIP 
(Adopted  May  12,  1915.) 

Creamer's  System  of  Penmanship,  Books  1  to  8  inclusive .04 

Writing  Pads  Nos.  I,  II  and  III .05 

(Webb  Publishing  Co.,  Oklahoma  City.) 
13.     SPELLER. 

Common   Sense  Spelling  Book .20  .10 

(J.  E.  Dyche  Pub.  Co.,  Oklahoma  City.) 
14.    DOMESTIC  SCIENCE. 
(Adopted  May  12,  1915.) 
For  Common  Schools. 

Food  and  Clothing,  by  Leno   Osborne .60  .30 

(Eow,  Peterson  &  Co.,  Chicago,  111.) 
92 


Price 
For  High  Schools  and  Normal  Schools.        Eetail        Exch. 

Kinne  &  Cooley's  Shelter  and  Clothing $1.00  $  .50 

Kinne  &  Cooley's  Foods  and  Household  Management 1.00  .50 

(The  MacMillan  Co.,  New  York) 

HIGH  SCHOOL  LIST 
AGRICULTURE. 

(MacMillan   &  Co.,  Dallas,  Texas.) 
Warren's  Elements  of  Agriculture  for  High  Schools .90  .45 

ARITHMETIC. 

(B.   F.  Johnson   &   Co.,   Richmond,   Va.) 
Colaw  &  Elwood's  Advanced  Arithmetic .44 

ALGEBRA. 

(D.  Appleton  &  Co.,  New  York.) 
Young  &  Jackson's  High  School  Algebra .95  .47 

ENGLISH. 

Basic. 
(Henry  Holt  &  Co.,  Chicago,  111.) 

Hitchcock's   Composition    and   Rhetoric .94  .47 

Pancoast  &  Shelly 's  First  Book  in  English  Literature 1.17  .58 

(Chas.  E.  Merrill  Co.,  New  York.) 

Abernethy's    American   Literature 1.00 

Supplementary. 

(Row,  Peterson  &  Co.,  Chicago,  111.) 
Scott's  Practical   English .60          v     .30 

GEOMETRY. 

(Ginn  &  Co.,  Dallas,  Texas.) 
Wentworth's  &  Smith's  Plane  and  Solid  Geometry 1.23  .61 

GEOGRAPHY. 

(D.   Appleton   &  Co.,   New  York.) 
Gilbert  &  Brigham's  Physical  Geography .88 

HISTORY. 
(Ginn  &  Co.,  Dallas,  Texas.) 

Myer's  Ancient  History,  revised 1.41  .70 

Myer's  Mediaeval  and  Modern  History,  revised 1.41  .70 

(American  Book  Co.,  Chicago,  111.) 
Hart's    Essentials    in    American    History,    approved    for    high 

schools    1.35  .67 

LATIN. 

(D.  Appleton  &  Co.,  New  York) 
Caesar's    First    Campaign .83  .41 

(American  Book  Co.,  Chicago,  111.) 

Pearson's  Latin  Prose  Composition,  based  on  Caesar .45  .22 

(Scott,  Foresman  &  Co.,  Chicago,  111. 

Walker's    Caesar,    Four-Book    edition .87  .43 

(Benj.  H.  Sanborn  &  Co.,  Chicago,  111.) 
D'Ooge's    Cicero    .83  .41 

PHYSICS. 

(American  Book  Co.,  Chicago,  111.) 
Hoadley's   Essentials   of  Physics 1.13  .56 

SPELLING 

(B.  F.  Johnson  Publ.  Co.,  Richmond,  Va.) 
Payne's   High   School   Speller .22  .11 

93 


CHARTS,  GLOBES,  MAPS,  ETC. 

(Jasper  Sipes  Co.,  Oklahoma  City.) 

Charts:                                                                                                                Retail  Price 

Oklahoma   Primary   Beading   Chart $5.00 

Anatomy  and  Physiology  Chart 7.00 

North  American  Bird  and  Nature  Chart 17.50 

Hart's    Historical    Chart 3.00 

Skinner's  Chart  on  Practical  Agriculture  (approved) 37.50 

Globes. 

(Jasper  Sipes  Co.,  Oklahoma  City.) 

No.       1         6-inch .25 

No.     10         6-inch .50 

No.  903         8-inch 1.50 

No.  906       12-inch  3.50 

No.  104         8-inch 2.25 

No.  101       12-inch 4.00 

No.     98       18-inch   13.00 

No.  103%     8-inch   3.00 

No.  lOOi/o  12-inch   5.00 

No.     87%  18-inch 15.00 

No.  100       12-inch  ___. 5.75 

No.  102%     8-inch ^ 3.95 

No.     99%  12-inch  __ 6.20 

No.     96%   18-inch  .' 16.85 

No.  102         8-inch . 4.45 

No.     99       12-inch  7.00 

No.     96       18-inch 17.90 

No.     12       Sash  Wt.  12-inch    5.75 

No.     12%  Ball  Wt.  12-inch     6.50 

No.     18%  Ball  Wt.  18-inch     18.00 

No.     18       Sash  Wt.  18-inch    16.00 

No.     97       18-inch 16.00 

MAPS. 
Universal  Series. 

Any  map  mounted  on  cloth,  common  rollers 1.00 

Any  map  mounted  in  steel  or  diamond  case 2.00 

Any  four  maps  in  lock  case,  per  set 7.50 

Any  eight  maps  in  lock  case,  per  set 12.00 

Any  four  maps  in  Universal  case,  per  set 8.50 

Any  eight  maps  in  Universal  case,  per  set 13.50 

Any  eight  maps  in  Roller  Front  case,  per  set 15.00 

New  School  Series. 

Any  map  mounted  on  cloth,  common  rollers 2.00 

Any  map  mounted  in  steel  or  diamond  case 4.60 

Any  seven  maps  on  spring  rollers  in  lock  case 28.00 

Any  seven  maps  on  spring  rollers  in  roller  front  case 33.00 

Any  four  maps  on  spring  rollers  in  lock  case 18.40 

Columbia  Series. 

Any  map  mounted  on  cloth,  common  rollers 3.00 

Any  map  in  steel  or  diamond  case 5.50 

Any  seven  maps  on  spring  rollers  in  Columbia  case 38.50 

Any  seven  maps  on  springs  rollers  in  roller  front  case 43.75 

Any  four  maps  on  spring  rollers  in  Columbia  case 22.00 

Physical  Series  or  Birdseye  View  Series. 

Any  map  mounted  on  cloth,  common  rollers 3.60 

Any  map  in  steel  or  diamond  case 6.00 

Any  seven  maps  on  spring  rollers  in  lock  case 42.00 

Any  seven  maps  on  spring  rollers,  in  roller  front  case 47.00 

Any  four  maps  on  spring  rollers  in  lock  case 24.00 

94 


Globe  or  Outline  Series.  Ketail  Price 

Any  map  mounted  on  cloth,  common  rollers .. $  1.50 

Any  map  in  steel  or  diamond  case 3.00 

Any  eight  maps  in  Globe  case  on  spring  rollers 20.00 

Any  four  maps  in  Globe  case  on  spring  rollers 12.00 

Any  eight  maps  in  roller  front  case  on  spring  rollers 25.00 

Goode's  Political  Wall  or  Physical  Wall  Map  Series. 

Any  map  mounted  on  cloth,  common  rollers 5.00 

Any  map  mounted  in  steel  or  diamond  case 8.00 

Foster's  Historical. 

Same  mounted  on  tripod  stand 15.00 

Dr.  Kiepert's  Classical  and  other  imported  maps,   20  percent  discount 

from  catalog. 
Map  of  Oklahoma,  common  rollers 1.50 

CHARTS  ON  PHYSIOLOGY  AND  ANATOMY. 

(Approved.) 

Single  chart,  common  rollers 1.10 

Single  chart  in  Shield  case 1.98 

Single  chart  in  St'eel  case 2.20 

Full  set  12  charts,  tripod  stand 11.88 

Full  set  12  charts,    Johnston    case 18.70 

Full  set  12  charts,  Eotary  case 23.50 

Full  set  12  charts,  roller  front  case 21.10 

Full  set  13  charts,  tripod  stand 13.20 

BLACKBOARD  OUTLINE  MAPS. 

(Approved.) 

Single  mountings  only,  Unrivalled  series  U.  S.,  world  and  continents,  each     2.85 
Imperial  series,  U.  S.,  world  and  continents,  each 3.50 

REGISTERS. 
(Oklahoma  School  Herald  Pub.  Co.,  Oklahoma  City.) 

For  fifty  pupils .55 

For  seventy  pupils .65 

BIRDS  OF  OKLAHOMA. 

(Geo.  W.  Stevens,  Alva,  Okla.) 

Illustrated  edition  for  teachers  and  libraries 1.75 

Of  the  above  books,  those  published  by  the  American  Book  Company,  Ginn 
&  Company,  Chas.  E.  Merrill  &  Company,  and  the  Band,  McNally  Company, 
together  with  all  globes,  charts,  maps  and  apparatus,  will  be  purchased  from 
Jasper  Sipes  Company,  Oklahoma  City.  All  other  books  mentioned  above  will 
be  distributed  by  the  Oklahoma  Book  Company,  Oklahoma  City. 

When  making  orders  or  writing  for  information  concerning  text-books  and 
depositories,  take  the  matter  up  directly  with  Jasper  Sipes  Company  or  the 
Oklahoma  Book  Company,  as  the  publishing  companies  make  their  contracts 
directly  with  the  distributing  houses  and  this  department  has  nothing  what- 
ever to  do  with  the  distributing  of  the  books  except  to  assist  in  enforcing  the 
law  in  case  books  are  not  furnished  and  distributed  according  to  contract. 

Yours  respectfully, 

E.  H.  WILSON, 
State  Superintendent  of  Public  Instruction 


95 


TABLE     OF     CONTENTS 


Page 

Article     1 — State  Superintendent 5 

Article     2 — County  Superintendent 7 

Article     3 — Common  School  Districts 11 

Article     4— Joint  Districts 13 

Article     5 — Duties  of  District  Officers  and  Teachers 14 

Article     6 — Independent  Districts 21 

Article     7— Consolidated  Districts 28 

Article     8 — Union   Graded  Districts 32 

Article     9 — School   Census 34 

Article  10 — Agricultural    Education 36 

Article  11 — Normal  Institutes  and  Training  Courses 38 

Article  12 — Kindergarten  Education 42 

Article  13 — Compulsory  Attendance  and  Mother's  Pension 42 

Article  14 — County  Certificates  and  Board  of  Examiners 44 

Article  15 — Separate    Schools 48 

Article  16 — Transfer   of   Pupils 51 

Article  17 — General    Provisions 52 

Article  18— Nepotism J 55 

Article  19 — School    Fraternities 56 

Article  20 — State  Board  of  Education -. 56 

Article  21 — Business     Colleges 58 

Article  22 — Books  and  Supplies 59 

Article  23 — School  District   Tax  Levies 66 

Article  24 — Warrants — Issuance  and  Payment  of 68 

Article  25 — Fire     Escapes 70 

Article  26 — School  for  the  Blind 71 

Article  27— School  for  the  Deaf 71 

Article  28 — Oklahoma  State  Home   (Orphanage) 72 

Article  29 — State   Training    School 76 

Article  30 — Child  Labor  Law 80 

Article  31 — Sinking  Funds 84 

Appendix. 

Rules  and  Regulations  for  State  Certificates 84 

List  of  Adopted  Books—  _   90 


96 


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UNIVERSITY  OF  CALIFORNIA  LIBRARY 


